LAWS(CAL)-2024-9-39

KRISHNA ABASAN PVT. LTD Vs. TAPAN BHATTACHARYA

Decided On September 19, 2024
Krishna Abasan Pvt. Ltd Appellant
V/S
Tapan Bhattacharya Respondents

JUDGEMENT

(1.) This application has been preferred against order dtd. 12/1/2018 passed by learned Civil Judge (Junior. Division) Utter Dinajpur in Title Suit no. 112 of 2010. By the order impugned learned court below rejected petitioner's prayer for adding him as defendant in the said suit.

(2.) The petitioner's contention is that the petitioner purchased the property in question from the opposite party no. 2 herein/defendant no. 1 by a registered deed in the year 2016. After purchase the petitioner came to learn that his purchased property is the subject matter of aforesaid Title Suit no 112 of 2010. It further appears that by an order dtd. 8/1/2010, the learned court below passed an ad-interim order of injunction directing both the plaintiff and the defendant no. 1 and 2 /opposite party no. 1 and 2 herein to maintain status-que in respect of the suit property with a further direction not to change the nature or character of the suit property or transfer any portion of the property to any third party. Such interim order was thereafter extended till disposal of the suit.

(3.) However during pendency of the suit the defendant no. 1 sold the said property to the petitioner herein and the petitioner on good faith paid the consideration amount to his vendor/opposite party no. 2. As soon as the aforesaid factum of pendency of the suit came to the knowledge of the petitioner, he filed application under Order I Rule 10(2) of the Code of Civil Procedure (in short of the CPC) for adding him as a party/defendant contending that his purchased plot is under adjudication and also on the ground that any order that would be passed in the said suit, may affect the right title interest of the petitioner.