PYARELAL THAKUR Vs. SAYED MUSTAQUE

JUDGEMENT

(1.) : 1.The present petition has been preferred by the interveners, who have preferred an application under Order I Rule 10 of the Code of Civil Procedure in Title Suit No. 116 of 2002, whereby, they have claimed to be the legal heirs of one Sri Abdul Sattar. The present respondent nos. 1 and 2 are the original plaintiffs, who are also claiming the suit property on the basis that they are the legal heirs of said Abdul Sattar.

(2.) HAVING heard learned counsel for both the sides and looking to the facts and circumstances of the case, it appears that:

(3.) IF the petitioners file a separate and independent suit, the same will be decided on its own merits and on the basis of the evidences without being influenced by the aforesaid order as well as the order passed by the trial court on the application preferred by the petitioners under Order I Rule 10 of the Code of Civil Procedure.