AMIT SOOD Vs. SANDALA

JUDGEMENT

(1.) THIS petition is instituted against the order passed by the learned Civil Judge (Sr. Divn.) Court No. 1, Amb, Distt. Una, in case No. 33 of 2006 passed on 3.3.2014.

(2.) KEY facts, necessary for the adjudication of this petition are that the respondents -plaintiffs (hereinafter referred to as the plaintiffs for convenience sake) have filed a civil suit for issuance of permanent injunction restraining the respondents -defendants No. 3 to 7 (hereinafter referred to as the defendants) from raising any sort of construction, changing the nature and dismantling or damaging any room/building existing over the land measuring 1409 -33 sq. decimeters, comprised in Khewat No. 257 Khatoni No. 397, Khasra Nos. 1914/1718, 1916/1719, 1848, 1849, 1850, 1851, 1852 and 1853, as per jamabandi for the year 1999 -2000, situated in Up -Mohal Dev Nagar, Mauja Gagret, Tehsil Amb, District Una, H.P. Defendants No. 3 to 7 have also filed a suit against the plaintiffs, namely, Sandla Devi and Shivi Sud for separate possession by partition of the share of abadi site measuring 1409 -33 sq. decimeters bearing Khewat No. 257 min, Khatoni No. 397, Khasra Nos. 1914/1718, 1916/1719, 1848, 1849, 1850, 1851, 1852 and 1853, as per jamabandi for the year 1999 -2000. The petitioners have also filed suit for declaration against the plaintiffs as well as the defendants.

(3.) THE presence of petitioners is not necessary to adjudicate upon the real controversy inter se the parties. The considerable prejudice would be caused to the existing parties if the petitioners are ordered to be added as new party.