BALBIR SINGH Vs. KAILASH CHANDER AND ANOTHER

JUDGEMENT

(1.) Respondent no.1, herein, has filed suit for permanent injunction against the respondent no.2 before the trial Court seeking to restrain the latter from interfering in the construction that is being raised by the former. It has also been prayed that respondent no.2 should be restrained from demolishing the existing structure of the building of house tax unit No.229/AB/10, Garhi Mohalla Hansi, which is completely damaged and can fall at any time and can cause loss to public at large, passersby and neighbours and further the respondent no.2 be directed to deliver the proposed site plan of the building supra that was submitted on 03.04.2006 by depositing required fees for sanction of the same.

(2.) This suit is being contested by the respondent no.2 on various grounds by way of filing written statement.

(3.) During the pendency of the suit, the present petitioner filed application Annexure P3 in terms of Order 1 Rule 10 read with Sec. 151 Code of Civil Procedure seeking his impleadment in the suit on the ground that in the guise of the present suit, the respondent no.1 wants to encroach over the property, with which, he has no concern and he also wants to encroach upon the common municipality street, as also, he wants to construct pillars on both the sides of the street and, thereon, he wants to raise construction without any legal right. It was further averred in the application that the petitioner and other inhabitants of the street complained against the action of the respondent no.1 to the respondent no.2, but the latter did not take any action. It was also averred that the property pertaining to the suit is situated at the corner of the street where the street turns at ninety degree's angle. If the respondent no.1 raised construction on both sides of the street, he will also raise construction over the pillars to cover the street illegally and then it will not be possible for the vehicle to enter in the street. The petitioner learnt about the present suit on 08.04.2013 and then he moved the present application. So, he sought his impleadment in the suit as defendant.