SURENDER SINGH Vs. MOHD YUSUF
HIGH COURT OF UTTARAKHAND
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(1.) Impleadment Application No. 1667 of 2013 is taken up for hearing.
(2.) This application is taken out by one Bhagwan Dass Khanna Enterprises Pvt. Ltd. who is not a party in civil suit filed before learned Trial court. This applicant claims that he is owner of the property in question. The suit has been filed by the plaintiff/petitioner against the respondent/ defendant for decree for permanent injunction restraining the respondent/defendant from interfering with and disturbing in his peaceful possession.
(3.) In the suit, an application for temporary injunction under Order 39 Rule 1 & 2 of the CPC has been taken out. The Trial court refused to pass any interim injunction. Against this order of refusal to pass temporary order of injunction, the present writ petition has been filed. Going by the prayer portion of the application before the learned Trial Judge and that of before me, the injunction is sought against the respondent/defendant not against everyone. Therefore, even if this Court entertains this application for effective adjudication, the presence of applicant is not required. Accordingly, this impleadment application is dismissed.
An order was dictated Yesterday in this matter but it was not finally transcribed as maintainability point could not be decided in view of the fact that the learned lawyer wanted to cite decision, and as such, the matter was re-heard in the Court and after taking note of further submission of the learned counsel for both the parties, the following judgment and order is passed.;
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