MOHAMMAD ARIF Vs. AADIL RASHID

JUDGEMENT

(1.) The present writ petition has been filed by the petitioner under Article 227 of the Constitution of India, challenging the order dtd. 14/8/2025 passed by the learned Senior Civil Judge, Makrana, District Nagaur (hereinafter reffered to as "learned trial court"), in Civil Original Suit No. 07/2024, whereby the application filed by the petitioner under Order I Rule 10 read with Sec. 151 of the Code of Civil Procedure, 1908 (hereinafter referred to as "the CPC") has been rejected.

(2.) The writ petition has been preferred with the following prayers:

(3.) Briefly stated, the facts of the case are that the respondents-plaintiffs filed a suit for partition and permanent injunction in respect of the disputed property. The petitioner moved an application under Order I Rule 10 read with Sec. 151 CPC seeking his impleadment as a party respondent on the ground that respondent No. 3- Zakir Hussain, had gifted his share in the said property to him. However, the learned Trial Court, upon due consideration of the record, observed that the petitioner's claim over the alleged share in disputed property rests on an alleged gift (bakhshish) from respondent No. 3, the execution of which has been specifically denied by him in the pending proceedings before the learned trial court. It is further observed that the validity of the alleged gift remains sub judice, thus, the petitioner cannot be treated as a necessary or proper party. Accordingly, the application filed by the petitioner under Order I Rule 10 read with Sec. 151 CPC was rejected.