Manoj Misra, J. - (1.) Heard learned counsel for the petitioners; Sri H.P. Mishra for the respondent no.2 and perused the record.
(2.) The present petition under Article 227 of the Constitution of India has been filed challenging an order dated 9th September, 2016, passed by Additional District Judge/Special Judge, Court No.3, district Gorakhpur in civil appeal no.05 of 2013, by which application 58 Ga filed by respondent no.2 seeking leave to be impleaded for pursuing the appeal against the judgement and decree passed in Original Suit No.770 of 2007, has been allowed.
(3.) A perusal of the record would go to show that Original Suit No.770 of 2007 was instituted for cancelling a sale deed dated 27th September, 2001 executed in favour of the respondent no.1. It appears that during the pendency of the suit for cancellation of the sale deed, the disputed property was transferred by the defendant in favour of the respondent no.2 vide sale deed dated 23rd August, 2008. Thereafter, the suit was decreed on 31st January, 2013, against which the defendant filed an appeal no.05 of 2013, which is pending. During the pendency of the appeal, an application 58 Ga was filed by the respondent no.2 claiming that the defendant did not disclose about the pendency of the suit and that at the time of execution of sale deed he was not aware of the suit proceeding and that he came to know about the suit for the first time in the year 2014. By the order impugned dated 9th September, 2016, by placing reliance on a judgement of Apex Court in the case of Amit Kumar Shaw and another v. Farida Khatoon and another : AIR 2005 SC 2209 , the Court below allowed the impleadment application.;