RITESH SUHALKA Vs. SHANTA DEVI

JUDGEMENT

(1.) Instant writ petition has been filed under Art. 227 of the Constitution of India by the petitioner, with the prayer that impugned order dated 12.04.2010 (Annex.-4) may be quashed and application filed by the petitioner for impleadment as party in the Execution petition No. 17/2007 pending before the Court of Addl. District Judge No. 1 Udaipur may be allowed. According to facts of the case, a decree was passed on 16.11.1989 in favour of the respondents No. 3 to 14. Plaintiff decree-holders against respondents No. 1 & 2 judgment-debtors. In the year 2007, execution petitions were filed by respondents No. 3 to 14 against respondents No. 1 and 2 separately. All the execution petitions were consolidated vide order dated 16.01.2009.

(2.) The petitioner after determination of rights by the civil Court purchased the share of decree-holder respondent No. 3 in respect of the property in question vide registered sale-deed dated 21.04.2009 and, due to purchasing the property in question, all rights of respondent No. 3 have now vested in the petitioner, therefore, an application under Order 1 Rule 10 of C.P.C. was filed in the execution proceedings being necessary party.

(3.) Learned executing Court rejected the application filed by the petitioner upon objection raised by respondents No. 4 to 14 that the petitioner is not necessary party because sale-deed does not have any effect upon the right of other decree-holders. In this writ petition, the petitioner is challenging validity of the rejection order dated 12.04.2010 passed in execution proceedings No. 17/07 pending in the Court of Addl. District Judge No. 1, Udaipur.