CHABABAI Vs. KARBHARI

JUDGEMENT

(1.) Heard. Rule. The Rule is made returnable forthwith. With the consent of the parties the matter is heard finally at the stage of admission.

(2.) The petitioner along with the respondent Nos.5 to 7 have filed a suit against the respondent Nos.1 to 4 seeking perpetual injunction restraining them from causing obstruction to their peaceful possession in the suit property. The respondent Nos.8 to 14, asserting their right, title and interest in the suit property filed an application seeking to be impleaded under Order I Rule 10 of the Civil Procedure Code. By the impugned order the trial court has allowed the Application.

(3.) I have carefully considered the rival submissions and perused the papers. As can be seen from the plaint, the plaintiffs have given a genealogy showing that they are heirs of deceased Kondiba. The respondent Nos. 1 to 4 i.e. the defendants are stated to be the sons of Ambadas who was the brother of Kondiba. Asserting that they have been in lawful possession of the suit property they have prayed for perpetual injunction. They have also sought to assail the will purportedly executed by Kondiba in favour of the respondent No.1 Karbhari.