RATAN LAL SONI Vs. ANIL KUMAR

JUDGEMENT

(1.) This petition for writ is preferred to question validity, propriety and correctness of the order dated 18.07.2012 passed by learned Civil Judge (Junior Division), Bhilwara East, Bhilwara rejecting an application preferred by the applicant-petitioner as per the provisions of Order 1, Rule 10 and Order 11, Rule 12 of the Code of Civil Procedure.

(2.) It is submitted by learned counsel for the petitioner that plaintiff Basanti Lal earlier preferred a suit in the year 1998 for permanent injunction and that ultimately culminated into a compromise decree. As per the compromise arrived between the parties, plaintiff Lal was required to keep the entry gate open for the petitioner-defendant. Subsequent thereto, contrary to the approved land use, the plaintiff raised construction on the land concerned. A notice to remove the construction contrary to the permissible use was given by the Municipal Council, Bhilwara and to challenge that, the instant suit was filed. In the said suit, the petitioner preferred an application for becoming party to the proceedings in view of the fact that his entry gate too was closed by the plaintiff.

(3.) In the writ petition, it is asserted by the petitioner that he may not be a party necessary to the proceedings, but certainly he is a proper party in view of the fact that the plaintiff has closed his entry point by raising construction contrary to the permissible land use.