(1.) Heard Sri Arvind Srivastava, learned counsel for the petitioner and Sri Himanshu Pandey, learned counsel for the respondent Nos. 2 to 6.
(2.) The present petition arises out of Original Suit No. 432 of 2013 (Hemant Agarwal v. Smt. Meera Rai) filed by one Hemant Agarwal against the defendant first set namely the petitioner herein. One Sri Basant Kumar Singh and Deoria Cooperative Housing Society Ltd. had been impleaded as defendants 2 and 3. The said suit was filed with the relief of declaration with regard to the land of approximately 1800 sq.ft. with the contention that the said land was a common road which was illegally sold by Basant Kumar Singh in favour of the petitioner/defendant first set. The relief of permanent injunction was sought against the defendant No. 1 restraining him from raising any construction over the said land. The defendant No. 1 contested the suit by filing a written statement. In the mean time, an application 30 Ka was moved by the plaintiff on 26.5.2014 stating therein that he sold his house existing in plot no.C-9 to a third party and he did not require the suit land as two roads exists to access the house in question. Having left with no right or interest in the suit property because of sale executed by him, he sought to withdraw the suit.
(3.) Before an order could be passed on the said withdrawal application, an application under Order 22, Rule 10 C.P.C. was filed by the respondents 2 to 5 with the prayer to permit them to pursue the suit as the rights in the suit property had been devolved upon them. The said application was contested by the defendant No. 1/petitioner by filing his objection on 23.7.2014. It was pleaded therein that no right or interest in the suit property (claimed to be rasta) was devolved upon the applications/respondents. The Trial Court by an order dated 8.9.2014 has allowed the application for substitution under Order 22, Rule 10 C.P.C. (paper No. 27 Ga) and dismissed the withdrawal application.