LAWS(ORI)-2014-11-96

SUNIL KUMAR AGARWAL Vs. PUSKARDUTT AGARWAL

Decided On November 07, 2014
SUNIL KUMAR AGARWAL Appellant
V/S
Puskardutt Agarwal Respondents

JUDGEMENT

(1.) HEARD . The Petitioner in this writ application challenges the Order Dated 06.09.2008 passed by the Learned Additional Civil Judge (Senior Division), Balasore in I.A. No. 657 of 2004 arising out of C.S. No. 558 of 2003 in the matter of a petition under Order 1, Rule 10 CPC filed by the Opp. Party No. 1 to implead him as an Opp. Party in the proceeding under Order 39 Rule 1 & 2 read with Section 151 CPC.

(2.) THE Petitioner with his three brothers & mother filed C.S. No. 558 of 003 against sons, grandson & widow of one Binjharaj Agarwal. In the suit prayer is to declare their right of laying latrine & water pipe line on 'A' schedule land & getting inflow of the light & air through door & window facing 'A' schedule land & to restrain the Defendants from removing water pipe line & latrine pipe line lying on 'A' schedule land; from demolishing the projection of the building standing on Lot No. 1 of 'B' schedule & raising any further construction. During the suit, an application under Order -39, Rule 1 & 2 read with Section 151 CPC was filed by the present Petitioner being the Defendant No. 3 for grant of temporary injunction restraining Plaintiffs from entering upon the schedule land & changing its nature & character both on the ground & also in the a real space. In the said petition for temporary injunction, the present Petitioner arrayed the Plaintiffs as Opp. Parties. However, the present Opp. Party No. 1 who is the Defendant No. 4 in the said suit made an application for being implead as a party to the said proceeding. The petition having been allowed, the same is challenged here.

(3.) NONE appears on behalf of the Opp. Parties.