VINOD KUMAR Vs. GOPI BAI

JUDGEMENT

(1.) This miscellaneous appeal is filed by the appellants/plaintiffs assailing the order of remand dtd. 14/5/2012 whereby the First Appellate Court, the learned Addl. District Judge No. 1, Jaipur Metropolitan quashed the judgment of trial court dtd. 16/10/2006 and remanded the appellant-plaintiff's suit for permanent injunction for deciding afresh.

(2.) An application under Order 22 Rule 10 read with Sec. 151 CPC has been filed by two applicants namely; 1. Dr. Naveen Kishoria and 2. Dr. Aparna Kishoria alleging interalia that initially the suit property was in the ownership of Smt. Krishna Devi (original plaintiff) herein who instituted suit for permanent injunction but died during trial, so her legal representatives were substituted as plaintiff Nos. 1/1 to A who are appellant Nos 1 to 4 herein. They preferred this appeal against the remand order and during course of appeal, they sold the suit property to the appellant No. 5 namely Smt. Rami Devi vide sale deed dtd. 5/4/2012 and, therefore, Rami Devi was added as appellant No. 5 in the appeal. Now both the applicants have purchased the suit property by dtd. 29/12/2015 from the appellant No. 5 Rami Devi and as all the rights, title and interest of appellants No. 1 to 5 in the suit property have been acquired by the applicants, therefore, they may be substituted/added as appellants in the present appeal in addition to or in place of appellants No. 1 to 5.

(3.) As far as the appellants No. 1 to 5 are concerned, they have already sold the property as mentioned here-in-above, therefore, have lost interest in the suit property and it is only the present applicants who have acquired rights/interest in the suit property. The copy of the registered sale deed dtd. 29/12/2015 through which the applicants purchased the suit property from the appellant No. 5 Smt. Rami Devi is placed on record.