BHAGWANI Vs. MEHAR SINGH

JUDGEMENT

(1.) Tersely, the facts & material, which need a necessary mention for the limited purpose of deciding the core controversy, involved in the instant petition and emanating from the record are that, initially respondent Nos.1 to 9-plaintiffs-Mehar Singh son of Prem Singh and others(for brevity "the plaintiffs") have instituted the civil suit (Annexure P-2) for a decree of redemption of mortgage and correction of jamabandi, with a consequential relief of permanent injunction, restraining respondent Nos.10 to 36-defendants-Santo Devi widow of Bakhtawar and others(for short "the defendants") from interfering into their peaceful and lawful possession of the property in dispute. The defendants contested the claim of the plaintiffs, filed the written statement, stoutly denied all the allegations contained in the plaint and prayed for dismissal of the suit.

(2.) During the pendency of the suit, petitioners-Smt.Bhagwani wife of Mange Ram and Smt.Santosh Devi wife of Ramesh Chand (subsequent vendees) moved an application(Annexure P-3) for impleading them as defendants in the main suit under Order 1 Rule 10 CPC. The plaintiffs refuted the prayer of the petitioners, filed the reply (Annexure P-4) and prayed for dismissal of the application.

(3.) Taking into consideration the entire material and facts on record, the trial Court dismissed the application(Annexure P-3) of the petitioners, by virtue of impugned order dated 09.01.2014(Annexure P-1).