Karnataka High Court
M.Wahiduddin And Ors vs Sri. R.Narayan Rao & Ors on 6 March, 2018
Author: S.N.Satyanarayana
Bench: S.N.Satyanarayana
1
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 6TH DAY OF MARCH, 2018
BEFORE
THE HON'BLE MR.JUSTICE S.N.SATYANARAYANA
WRIT PETITION NO.206972/2017 (GM-CPC)
Between:
1. M. Wahiduddin S/o M. Basheeruddin
Aged about 66 years, Occ: Business
R/o H.No.1-5-9/1, I.B. Road, Raichur
2. Viquar Sultana W/o Kaleem
Aged about 72 years, Occ: Household
R/o H.No.1-5-9/1, I.B. Road, Raichur
3. Smt. Nikhat Sultana
W/o Syed Abrar Hussain
Aged about 48 years
Occ: Teacher, R/o Datar Nagar
Raichur - 584 101
4. M. Jagadish Goud
S/o Sanna Rangappa Goud
Aged about 40 years
Occ: Agriculturist
R/o H.No.1-4-860/4
Basheer Bagh Colony
I.B. Road, Raichur
5. Ajay Kumar S/o Govindaraj
Aged about 32 years
Occ: Business, R/o H.No.1-4-854/7
Venkateshwar Colony, I.B. Road
Raichur
2
6. Mohammed Irshad
S/o Mohammed Ismail
Age: Major, Occ: Business
R/o H.No.1-4-856/5, K.B.N. Colony
I.B. Road, Raichur
... Petitioners
(By Sri R.S. Sidhapurkar, Advocate)
And:
1. Sri R. Narayan Rao
S/o Late Venkob Rao
Aged about 64 years, Occ: Business
R/o H.No.1-4-156/165-176
Sri Raghavendra Nagar Layout
I.B. Road, Riachur
2. Rajkumar S/o late Chandulal
Aged about 52 years, Occ: Business
R/o H.No.1-4-156/165-176
Sri Raghavendra Nagar Layout
I.B. Road, Raichur
3. Dr. K. Ramappa
S/o Kyadagi Earanna
Aged about 52 years
Occ: Medical Profession
R/o H.No.6-2-68/108
Amarkhed Layout, Raichur
... Respondents
(By Sri Venkatesh C. Mallabadi, Advocate for R2;
Sri Ameet Kumar Deshpande, Advocate for R3,
Notice to R1 held sufficient V/o dated 06.03.18)
This writ petition is filed under Articles 226 & 227 of
the Constitution of India, praying to a writ in the nature of
certiorari and quash the order on IA-XI dated 22.06.2017
passed in O.S.No.191/2015 pending on the file of Principal
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Senior Civil Judge & CJM at Raichur, the certified copy of
which is at Annexure-E, etc.
This petition is coming on for orders this day, the
Court made the following:-
ORDER
Petitioners are applicants in O.S.No.191/2015 the application filed by them under Order I Rule 10 read with Section 151 of CPC seeking permission to get themselves impleaded in the said proceedings is rejected by order dated 22.06.2017.
2. Admittedly the suit in O.S.No.191/2015 is between respondent Nos.1 to 3 herein. Where respondent No.1 is plaintiff and respondent Nos.2 and 3 are the defendant Nos.1 and 2. The said suit is for the relief of declaration and permanent injunction in respect of suit schedule properties, which is two open plots bearing No.169 and 172 each measuring 40 x 60 feet, which is formed in NA approved layout in land bearing Sy.Nos.1233 and 1234 referred to as "Sri Raghavendra Nagar Layout", situated at I.B.Road, Raichur within its 4 CMC limit and the said plots are provided with municipal Nos.1-4-156/169 (old) 1-4-811 (New) and 1- 4-156/172 (Old) 1-4-814 (New) in Sri Raghavendra Nagar layout, Raichur.
3. The petitioners herein are claiming themselves to be owners of the adjacent property who are claiming easementary rights over aforesaid two plots, which is subject matter of lis between the respondent No.1 on the one side and respondent Nos.2 and 3 on the other side. Application seeking impleading filed by petitioners herein under Order I Rule 10 read with Section 151 of CPC is registered as I.A.No.11 in the said suit and same was rejected by order dated 22.06.2017. Wherein the learned Senior Civil Judge & CJM at Raichur has taken a view that the petitioners herein having independently filed a suit in O.S.No.135/2017 for the relief of recognizing their 5 easementary right over the said land, they are not necessary parties to this proceedings.
4. On going through the plaint in O.S.No.191/2015 as well as O.S.No.135/2017 and also the application in I.A.No.11 in O.S.No.191/2015 and order passed thereon this Court is of the considered opinion that the trial Court i.e. the Court of Senior Civil Judge & C.J.M., Raichur has rightly considered merits of the said application with reference to the dispute between the parties and has rightly opined that the rights of the petitioners herein is to pursue the suit filed in O.S.No.135/2017 and not to seek permission to get themselves impleaded in a suit which is fought between respondent No.1 on the one side and respondent Nos.2 and 3 on the other side.
5. Therefore, this Court being in full agreement with the reason rendered by the learned Senior Civil 6 Judge & C.J.M. at Raichur in O.S.No.191/2015 by in its order dated 22.06.2017.
6. In that view of the matter, this Court is of the opinion that the present petition does not merit consideration. Accordingly, the same is required to be dismissed.
Sd/-
JUDGE sdu