AMIT KEDIA Vs. PRADIP KUMAR AGARWAL

JUDGEMENT

(1.) Being aggrieved and dissatisfied with order no. 21 dtd. 15/2/2023 passed by Learned Civil Judge (Senior Division), Jalpaiguri, in Title Suit no. 65 of 2022, present application under Article 227 of the Constitution of India has been preferred. By the impugned order Learned court below allowed the petitioner's (opposite party no 5 herein) application under order Irule 10(2) of the Code of Civil Procedure, 1908. (hereinafter called as CPC).

(2.) Petitioners contended that the petitioners as plaintiffs instituted aforesaid suit for declaration of title, eviction, recovery of khas possession, cancellation of sell deeds of the defendants and for injunction along with other reliefs. In the plaint plaintiffshave pleaded as to how plaintiffs acquired the suit property measuring about 0.3146 acres by way of registered deeds of conveyance executed by their vendors. Their names have been duly recorded in the L.R Record of Rights. It hasalso been pleaded in the plaint that defendants have forcibly enteredinto the suit property and forcibly dispossessed the petitioners/plaintiffs on 15/2/2022. Plaintiffs have further disclosed in the plaint that in the last part of 2021 they came to learn that the defendants unlawfully mutated said land in their names on the strength of four purported sale deeds. In the above back dropplaintiffshave filed aforesaid suit. In the said suit the defendants appeared and filed written statement denyingplaintiffs' title in suitproperty and in paragraph 22, defendantshave pleaded that defendants are lawful owner of the land measuring about 12 Kathas 3 Chataks and they have acquired the same from the rightful owners who were the owners in possession of the same and after acquiring title they have started construction of amultistoried building on the suit property. In the said suit Plaintiffs also filed injunction application and after hearing the parties, the court below directed both the parties to maintain status-quo in respect of nature characterand possession and also in respect of alienation of the suit property, till disposal of the suit.

(3.) Petitioner's further case is all of a sudden, the opposite party no.5 herein/developer/petitioner namely P.R.M.Real State Pvt. Ltd. filed an application seeking leave to appeal against aforesaid order of injunction in the form of status-quo dtd. 16/8/2022 and the Division Bench of this court passed a judgment on 16/9/2022 in F.M.A.T No 13 of 2022. Meanwhile aforesaid petitioner also filed aforesaid application under order I rule 10(2)of C.P.C for impleadment as a defendant in the said suit, contending that he has entered into a development agreement with defendant No. 2 to 4 along with one Seema Agarwal for construction of G+4 storied commercial building on 1/9/2021 and he started construction after due sanction of the building plan and he has already invested more than Rupees two crores and have already completed construction of more thaneighty percent of the building.