MEENA DAWAR Vs. GENERAL PUBLIC

JUDGEMENT

(1.) The present revision petition has been filed under Article 227 of the Constitution of India for setting aside the order dated 02.02.2019 (Annexure P-5), orders dated 28.08.2019, 27.09.2019 and 23.11.2020 (Annexure P-6, Colly) passed by the learned Civil Judge (Senior Division)/ Guardian Judge, Faridabad directing the petitioners to implead the natural father and grandparents of the minors as party to the petition, by observing that the said persons are necessary parties for the just decision of the case.

(2.) The facts as per the case set up by the petitioners which are apparent from the averments made in the revision petition and also from the brief synopsis handed over by the learned Senior Counsel for the petitioners, are stated hereas under:-

(3.) Mr. Puneet Jindal, learned Senior Advocate appearing for the petitioner has relied upon the settlement dated 23.08.2007 (Annexure P1), order passed by this Hon'ble High Court dated 19.11.2015 (Annexure P-2), Allotment Letter of plot dated 09.05.1989 (Annexure P-4) and has also referred to the application dated 14.05.2018 (Annexure P-3) filed under Section 8 of the Hindu Minority and Guardianship Act, 1956 (hereinafter to be referred as "the Act of 1956"). The averments of the said application have been highlighted and it has been stated that after the death of Preeti Dawar, share of Preeti was transferred in the name of Baby Kashish Arora and Baby Gayatri Arora and that the petitioners are in great need of money and are therefore, intending to sell the property. Learned Senior Counsel has further placed reliance on the provision of Section 8 of the Act of 1956, which reads as under:-