VED PARKASH Vs. BHIM SINGH AND ANR

JUDGEMENT

(1.) Plaintiff-Ved Parkash has filed the instant revision petition under Article 227 of the Constitution of India to challenge order dated 11.12.2009 Annexure P-1 passed by learned Additional Civil Judge (Senior Division), Kaithal thereby allowing application moved by Respondent No. 2-Randhir Singh for being impleaded as party to the suit instituted by the Petitioner against Respondent No. 1-Bhim Singh as sole Defendant.

(2.) There is already litigation between Respondent Nos. 1 and 2 inter se regarding the suit land. Regular second appeals are pending in the said litigation in this Court. During pendency of the second appeals filed in the year 2008, Respondent No. 1 executed release deed dated 21.04.2009 in favour of his brother i.e Ved Parkash Petitioner-Plaintiff. On the basis thereof, Petitioner filed suit against Respondent No. 1 only. Respondent No. 2. alleged in his application that under the garb of injunction order obtained by Petitioner against Respondent No. 1, who are in collusion with each other, Petitioner wants to take possession of the suit property from Respondent No. 2. with police help. It was also alleged by Respondent No. 2. that rights of Respondent Nos. 1 and 2 are to be decided in the previous litigation and transfer in favour of Petitioner by Respondent No. 1 is hit by lis pendens.

(3.) I have heard learned Counsel for the parties and perused the case file.