Allahabad High Court
Sandeep Goyal vs Smt. Kalpana Tawakley And Others on 21 October, 2010
Author: Pankaj Mithal
Bench: Pankaj Mithal
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 19 Case :- WRIT - C No. - 63216 of 2010 Petitioner :- Sandeep Goyal Respondent :- Smt. Kalpana Tawakley And Others Petitioner Counsel :- Swapnil Kumar Respondent Counsel :- C.S.C. Hon'ble Pankaj Mithal,J.
The suit of the plaintiff-respondent no.1 for declaring her to be the exclusive owner of the building no.3/10 and to be the holder of lease hold rights to the extent of 1/3rd share in the building No.3/11 was dismissed by the court of first instance.
Aggrieved, she preferred an appeal being Civil Appeal No.190 of 1998. During the pendency of the appeal she has transferred her rights in favour of one Ved Prakash from whom the petitioner has purchased rights in the aforesaid property. On the basis of the alleged purchase of rights, petitioner moved application under Order XXII Rule 10 for getting himself impleaded in the appeal as the appellant. The said application has been rejected.
The submission of learned counsel for the petitioner is that the rejection of the application is wholly unsustainable and that would amount to make the appeal go unprosecuted as the original appellant having transferred her rights would no longer be prosecuting the same. This will ultimately effect the rights of the petitioner.
Issue notice to the respondents.
Until further orders of this court further proceedings of Civil Appeal No.190 of 98 (Smt. Kalpana Tawakley and others vs. State of U.P. and others) pending in the court of Additional District Judge, Court No.8, Agra shall remain stayed.
Order Date :- 21.10.2010 piyush