RANVIR SINGH Vs. JYOTI ARORA

JUDGEMENT

(1.) Civil Suit titled Jyoti Arora and others V. State of Haryana (CNR No.HRJNA1-000040-2017) is pending before the learned Civil Judge (Junior Division), Narwana. The petitioner - Ranvir Singh is not a party to that suit. He moved an application under Order 1 Rule 10 (2) read with Sec. 151 of the Code of Civil Procedure for his impleadment but said application has been dismissed by way of an order dtd. 19/8/2021 (Annexure P.4), which has been assailed by him by way of this revision.

(2.) On perusal of the paper book, it is revealed that respondents No.1 and 2 - Jyoti Arora and Krishan Arora are owners of two plots measuring 444 sq. yards in Chhotu Ram Colony, Narwana, District Jind, Haryana. Petitioner - Ranvir Singh is also resident of the same colony and his house is stated to be adjacent to the plots of respondents No.1 and 2. Site plan for raising construction of a residential building on their plots moved by respondents No.1 and 2 has been sanctioned by respondent No.4 - Municipal Council, Narwana. It is alleged that instead of raising construction of the residential building, said respondents No.1 and 2 started raising construction of commercial/ school building on their plot. On various complaints made by the petitioner to the authorities, respondent No.4 served notices dtd. 27/12/2016 and 24/1/2017 to respondents No.1 and 2 for demolition under Ss. 208 and 325 of the Haryana Municipal Act, 1973. As nothing was done by respondents No.1 and 2 despite receipt of these notices, respondent No.4 filed civil suit for demolition of the illegal construction carried out on their property by respondents No.1 and 2. On the other hand, respondents No.1 and 2 filed a counter suit (bearing CS No.39 of 2017). Both suits were consolidated by the Court on 10/1/2018.

(3.) Petitioner filed an independent suit bearing No.17 of 2018 (CNR N: HRJNA1-000091-2018), wherein he moved an application under Order 39 Rules 1 and 2 CPC, which was dismissed by learned Additional Civil Judge (Senior Division) Narwana vide order dtd. 26/3/2018 by observing that he could move an application to implead him as a party before the Court, where two civil suits (referred to above) were pending. The suit of the petitioner was ultimately dismissed vide judgment dtd. 15/12/2021 (Annexure P.2).