Badshah Rai And ORS v. Durgawati Devi And ORS

Patna High Court CWJC No.11354 of 2015 (2) dt.29-04-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11354 of 2015 ====================================================== Badshah Rai & Ors .... .... Petitioner/s

Versus

Durgawati Devi & Ors .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Jitendra Prasad Singh For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 29-04-2016 Heard learned counsel, Mr. J.K. Singh, appearing for the petitioners and the learned counsel, Mr. A.K. Pandey, appearing for the respondents.

2.

It appears that in the Title Suit No. 679 of 2010, the application was filed by the plaintiff-respondent for adding the present petitioners as party in the suit on the ground that they are also purchasers of a portion of the suit property, for which, the plaintiff is praying for declaration of title and recovery of possession. The court below by the impugned order dated 13.03.2015 allowed the application filed by the plaintiff for adding the intervener-petitioner as party.

3.

Since the plaintiff is seeking for declaration of the sale deed in favour of the intervener as null and void, for deciding this question, the presence of the petitioners is necessary, and therefore, the learned court below has rightly allowed the

Patna High Court CWJC No.11354 of 2015 (2) dt.29-04-2016 application filed by the plaintiff under Order 6 Rule 10 C.P.C. 4.

In such circumstances, I find no reason to interfere with the impugned order in exercise of supervisory jurisdiction. Thus, this writ application is dismissed.

(Mungeshwar Sahoo, J) brajesh/- U