JUDGEMENT
Chander Bhusan Barowalia, J. -
(1.) The present petition is maintained by the petitioner under Article 227 of the Constitution of India, for quashing and setting the impugned order dated 30.5.2015, passed by learned Civil Judge (Junior Division) Court No.II, Nalagarh, District Solan, H.P, in CMA No.6 of 2015 (Civil Suit No.195 of 2012).
(2.) Brief facts giving rise to the present petition are that the petitioners/plaintiffs (hereinafter referred to as the 'plaintiffs') filed a suit for Permanent Prohibitory Injunction against the respondents/defendants (hereinafter referred to as the 'defendants') alleging that the plaintiffs are co-owners in joint possession of the suit land measuring 24 bighas, 1 biswa, Khasra No.71 (11-01) and 72 (13-00) comprised in Khata/Khatauni No.8/22, situated in village Ambwala, HB No.63, Pargana Plassi, Tehsil Nalagarh, District Solan, H.P (hereinafter refereed to as the 'suit land'). The defendants are stranger to the suit land having no right, title or interest in the suit land. The defendants are threatening to install electricity tower and to lay down/stretch overhead electrical wires in, over and through the suit land forcibly and illegally without any right, title or interest. It is averred that during the pendency of present suit, defendant No.1 filed application under Order 1 Rule 10 of the Code of Civil Procedure, for impleading them as defendant No.2. The application was contested by the plaintiffs on the ground that the application is not maintainable. Subsequently, the learned Civil Judge (Junior Division) Court No.II, Nalagarh, District Solan, vide impugned order dated 30.5.2015, has allowed the application of defendant No.1 and impleaded him as defendant No.2 in the suit. Hence, the present petition.
(3.) Heard.;
Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.