SANJAY JAISWAL Vs. MAHENDRA SINGH

JUDGEMENT

(1.) AGGRIEVED by order dated 03.01.2014 in Title Appeal No. 58 of 2010 whereby, the application under Order I Rule 10 C.P.C. preferred by the petitioners has been rejected, the present writ petition has been filed.

(2.) BRIEFLY stated, the respondentMahendra Singh filed Title Suit No. 82 of 2002 seeking specific performance of agreement dated 04.07.1992 and 28.12.2000 which was dismissed vide judgment and decree dated 13.04.2010, against which he preferred Title Appeal No. 58 of 2010. The said Title Appeal was filed on 12.05.2010. The present petitioners purchased suit property vide registered saledeed dated 17.05.2010 from Pratima Chatterjee @ Benu Chatterjee who was defendant in Title Suit No. 82 of 2002. In the Title Appeal No. 58 of 2010, the vendor of the petitioners namely, Pratima Chatterjee @ Benu Chatterjee appeared and filed her written2 statement on 10.08.2010. After purchasing property, the petitioners filed Title Suit No. 540 of 2010 seeking ejectment of the appellantMahendra Singh from the suit property. In the said suit, the appellantrespondent has appeared and filed written statement on 12.12.2011. When the petitioners came to know about the Title Appeal No. 58 of 2010, they preferred application dated 08.03.2013 under Order I Rule 10 C.P.C. which has been rejected by the Trial Court. Aggrieved, the petitioners have approached this Court.

(3.) HEARD the learned counsel for the parties.