YOGESH GOYANKA Vs. GOVIND

JUDGEMENT

(1.) Instant writ petition under Article 227 of the Constitution of India has been filed against the impugned order dtd. 10/10/2019 passed by the learned Additional District Judge No.1, Hindaun City (Karauli) Rajasthan whereby the application filed by the petitioner and other applicants for impleadment under Order 1 Rule 10 CPC has been dismissed.

(2.) The facts of the case as averred by the petitioner are that the petitioner alongwith performa-respondents purchased a land in Hindaun Town vide registered sale deed dtd. 28/09/2018 from one smt. Rajani Upadhaya, resident of 1/16, Janakpuri Tundala Road, District Firozabad (U.P.). The aforesaid land was in the name of Smt. Rajani Upadhaya as per the revenue records and she was having possession over the land and possession of the same was peacefully handed over to the petitioner and the performa respondents at the time of execution of sale deeds.

(3.) It is case of the petitioner that he was never informed about pendency of suit for cancellation of sale deed which was executed in favour of Smt. Rajani Upadhaya vide registered sale deeds dtd. 31/01/2007 and 26/04/2007. As stated by the petitioner, when he purchased the land on 28/09/2018, there was no stay operational and no injunction operating against transfer of the said land and therefore, while the title was legally searched, no information regarding any kind of legal hurdle was found. It was only on 13/02/2019 that the petitioner came to know regarding interim order and the matter being sub-judice before the learned trial court and immediately he filed an application under Order 1Rule 10 CPC for impleadment being a bonafide purchaser. The said application was duly replied by the opposite side and after consideration of the same, vide order impugned dtd. 10/10/2019, the application for impleadment was rejected. Hence, the present writ petition.