SURAJ MAL AND ORS. Vs. CHOGGA AND ORS.

JUDGEMENT

(1.) THIS writ petition has been filed by the petitioners questioning the order dt. 10.01.2012, when by, the application filed by them under Order I R.10 CPC for impleading Chhitar and Rama S/o Shri Kalu Kharol as party defendant Nos. 4 and 5 to the suit has been rejected. The brief facts of the case are that the plaintiff -petitioners filed a suit for declaration and permanent injunction against Chogga, Smt. Kanchani and Amba and prayed that for declaration for the way indicated in the map filed with the suit was the only way for reaching to his house and that there is no other way available for ingress and egress to his house and the defendants are not entitled to stop or block the said way.

(2.) PERMANENT injunction was also sought against the defendants not to obstruct the way and permit the plaintiffs from using the said way.

(3.) DURING pendency of the suit a local Commissioner was appointed and when he gave his report dt. 11.06.2010 he indicated that part of the way claimed by the plaintiffs fell in Khasra No. 1940/2882 which belong to the Khatedar Chhitar and Rama sons of Kalu Kharol.