HARI SINGH Vs. PADMAWATI ARTS CREATION PVT. LTD

JUDGEMENT

(1.) Through this appeal the appellant is challenging the judgment dated 1.4.2013 passed by learned Single Judge affirming the order dated 7.7.2010 passed by the court of learned Additional District Judge (Fast Track) No.3, Jodhpur.

(2.) The brief but necessary facts forming background of the instant controversy are that a portion of the property known as "Jalam Vilas" was sold to Padmawati Art Creation Private Limited through a sale deed registered on 20.4.2005. The petitioner-appellant claiming a right of pre-emption filed a suit before the court on 20.4.2006 for having possession of the property concerned. Respondent Ajay Singh on 15.12.2006 submitted an application as per provisions of Order 1 Rule 10 Code of Civil Procedure, 1908 to become party to the proceedings. Shri Ajay Singh claimed a better right of pre-emption vis-a-vis the plaintiff petitioner. By the order dated 7.7.2010 the trial court accepted the application and permitted Shri Ajay Singh to join the suit proceedings as party. To challenge the order aforesaid the plaintiff petitioner approached this Court by way of filing a petition for writ that came to be dismissed by the judgment impugned dated 1.4.2013, hence this appeal is before us.

(3.) While dismissing the writ petition learned Single Bench was of the opinion as under:-