Amjad Pashya vs Nooruddin Pasha & Anr on 11 April, 2018

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Karnataka High Court

Amjad Pashya vs Nooruddin Pasha & Anr on 11 April, 2018

Bench: S.N.Satyanarayana

                             1




           IN THE HIGH COURT OF KARNATAKA
                  KALABURAGI BENCH

         DATED THIS THE 11TH DAY OF APRIL, 2018

                         BEFORE

       THE HON'BLE MR.JUSTICE S.N.SATYANARAYANA

              W.P.No.200407/2018 (GM-CPC)

Between:

Amjad Pashya
S/o Syed Magdum Huseniy
@ Syed Magdumpashya Jahagirdar
Age: 34 years, Occ: Agriculture and
Sajjada Nasheen of Peer Kandayat
Mahabari Darga, R/o Tarnalli
Tq. Indi, Dist. Vijayapur
Now residing at Ward No.6
Arkat Darga, Jamiya Masjid Road
Vijayapur, through GPA Holder
Shameem Pasha
S/o Syed Kasim Hussaini Jahagirdar
Age: 58 years, Occ: Agriculture
R/o Gachi Mahal, Ward No.6
Vijayapur - 382870
                                            ... Petitioner
(By Sri Gururaj Rao Kakkeri, Advocate)

And:

1.     Nooruddin Pasha
       S/o Khadeer Pasha Jahagirdar
       Age: 50 years, Occ: Architect
       R/o H.No.597, Nehru Nagar
       KSRTC Depot Back Side
       Vijayapur - 382870

2.     Sayyad Mujtabahussaini
                                2




      S/o Sayyad Abdul Hussaini
      Jahagirdar, Age: 66 years
      Occ: Business, R/o HIG No.1
      KHB Colony, Near Jamia Masjid
      Vijayapur - 382870
                                                   ... Respondents

      This Writ Petition is filed under Articles 226 and 227
of the Constitution of India, praying to set aside the
impugned    order   passed    by   II-Additional     Civil   Judge,
Vijayapur, in O.S.No.462/2011 on I.A.No.IV filed by the
petitioner under Order I Rule 10(2) CPC dated 25.11.2017
vide Annexure-E and thereby, permit the petitioner to be
impleaded as defendant No.2 and contest the suit.

      This petition is coming on for Preliminary Hearing this
day, the Court made the following:-

                             ORDER

The petitioner herein is impeading applicant in O.S.No.462/2011 filed by the first respondent against the second respondent for the relief of permanent injunction. In the said proceedings, an application filed by the petitioner herein under Order I Rule 10(2) of CPC r/w Section 151 of CPC seeking to get himself impleaded as second defendant is rejected by order dated 25.11.2017 which is impugned in this proceeding. 3

2. Heard the learned counsel for the petitioner and perused the order impugned.

3. On going through the same, this Court is of the opinion that the order dated 25.11.2017 passed on I.A.No.IV in the said suit does not call for interference in this proceeding. However, rejection of the said application does not take away the right of the petitioner for independently agitating the matter by filing independent suit.

Accordingly, this writ petition is disposed of.

Sd/-

JUDGE NB* Ct: RRJ

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