GORDHAN SINGH Vs. ASHOK @ RAJU

JUDGEMENT

(1.) The instant petition under Article 227 of the Constitution of India has been filed by the petitioners assailing the order dated 30/09/2016 passed by Civil Judge & Judicial Magistrate, Kathumar, Alwar in Civil Suit No. 34/64/2009 titled as Ashok @ Raju v. Municipal Council, Kherliganj, whereby the application filed by the petitioners under Order 1, Rule 10 of CPC, was dismissed.

(2.) Material facts necessary for disposal of this petition are that the plaintiff/respondent No. 1 filed a civil suit against the defendant/respondent No. 2 and sought a decree for permanent injunction stating therein that plaintiff is Khatedar of land bearing Khasra No. 101 ad-measuring 0.44 Hectare situated in Village Kherliganj. It is also stated that for going to aforesaid Khasra No. 101, there is a 20 feet wide road into Khasra No. 99. It is also stated that due to lapse of sometime, survey No. 101 was converted into Abadi land. The plaintiff prayed to restrain the defendant not to cause any obstruction in the way to his field. During pendency of the suit, plaintiff/respondent No. 1 sold the land of survey No. 101 to petitioner No. 1 Goverdhan Singh through registered sale deed and Goverdhan Singh sold some part of the land to petitioner No. 2 Praveen Kumar and some part of land to petitioner No. 3 Chandrapal. Thereafter, petitioners filed an application under Order 1, Rule 10 of CPC stating the above facts of transfer and prayed to implead them as plaintiff No. 2 to 4 respectively. The defendant/respondent No. 2 filed reply to the application and opposed the same.

(3.) After hearing learned counsel for the parties, learned trial Court dismissed the application filed by the petitioners. Being aggrieved with the said order, petitioners have approached this Court by way of this petition.