ROSHAN LAL Vs. MOHIT

JUDGEMENT

(1.) THE petitioner filed a suit for decree of permanent injunction restraining the defendants (now respondents) from illegally interfering in his peaceful possession over the suit land as detailed in the plaint and further, from making any sort of encroachment over the same.

(2.) DURING the pendency of this suit, respondent No. 8 Gram Panchayat of Village Shezadpur moved an application under Order 1 Rule 10 of CPC for impleading the Gram Panchayat as defendant in the suit being a necessary and proper party alleging that the Gram Panchayat, Village Shezadpur was actual owner of the land in dispute and having management rights over the suit property which during the consolidation was reserved for Mela Ground in the revenue record. And as per the applicant-Gram Panchayat, plaintiffs/petitioners had no right, title or interest in the suit property and entries in khasra girdawari in the name of plaintiffs were wrong, illegal and liable to be ignored.

(3.) BY way of this petition, the plaintiffs have challenged the aforesaid order of the Trial Court impleading the Gram Panchayat as defendant in the Civil Suit.