RAJENDRA PRASAD SHARMA Vs. GYAN SINGH

JUDGEMENT

(1.) Petitioners have filed the present writ petition under Article 227 of the Constitution of India challenging the order dated 17/08/2017 passed by the IX Civil Judge Class-II, Satna in Civil Suit No. 12-A/2012 by which the trial Court has rejected the application preferred by the petitioners under Order 1 Rule 10 of the C.P.C.

(2.) Respondent no. 1/plaintiff has filed the civil suit for declaration of title and permanent injunction in respect of the property situated in village Mouja Birhuli Kothar, Tehsil Raghurajnagar, District Satna. During the pendency of the said civil suit, petitioners have filed an application under Order 1 Rule 10 C.P.C. for impleadment of the necessary party i.e. proposed defendants on the ground that the proposed defendants/petitioners are the heirs of Karmkandi Purohit of Defendants and on the death of Babuguru Prasad, Sharda Prasad gave them Khasra No. 820 area 2.06 decimal by way of gift in Samvat 2003 i.e. 1946. Thus, the proposed defendants are having title of the said Khasra and they are in possession of the suit property. The respondent no. 1 had filed the reply to the said application stating that the petitioners are neither necessary nor proper party in the said suit.

(3.) The trial Court after hearing both the parties has passed the order dated 17/08/2017 thereby rejecting the application preferred by the petitioners on the ground that the petitioners are not necessary party since the plaintiff's case is based on basis of adverse possession and hence they are deemed to be in possession and on that ground, the application is dismissed. Being aggrieved by that order, the petitioners have filed the present petition.