Safi-Ur-Rahman And 7 Others vs Haji Nazeer Ahmad
2021 Latest Caselaw 1369 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 34
 

 
Case :- MATTERS UNDER ARTICLE 227 No. - 4798 of 2020
 

 
Petitioner :- Safi-Ur-Rahman And 7 Others
 
Respondent :- Haji Nazeer Ahmad
 
Counsel for Petitioner :- Pradeep Kumar Upadhyay
 
Counsel for Respondent :- Mohammad Waseem
 

 
Hon'ble Yashwant Varma,J.

Heard learned counsel for the petitioners and Sri Arvind Srivastava, who appears for the respondents.

This petition has been preferred seeking the following relief:-

"Set aside the impugned judgment and order dated 27.11.2020 passed by the Additional District Judge/Fast Track Court (FTC), Varanasi in Civil Revision No.110 of 2019 (Haji Nazeer Ahmad Vs. Safi-ur-Rahman & others) Annexure No.8 to the writ petition."

The petitioners had moved an application for impleadment in a suit for injunction brought by the respondents. That application for impleadment came to be allowed by the Trial Judge by its order of 04 July 2019. The aforesaid order has been interfered with by the Appellate Court and has been set aside in terms of its judgment and order dated 27 November 2020.

As is evident from the record, the petitioners had instituted an earlier suit being O.S. No.101 of 2016 seeking annulment of a registered sale deed dated 12 November 2014 purported to have been executed by the petitioners in favour of Gayatri Devi the second defendant in that suit. Gayatri Devi is stated to have conveyed the property further to the respondents. The suit of the respondents however was merely one for injunction against third parties. Viewed in that sense there was no justification for the impleadment of the petitioners in that suit since they could neither be recognised as necessary or proper parties. This since no relief effective or otherwise was claimed against them. It becomes pertinent to note that the respondents here already stand arraigned as defendants in the suit instituted by the petitioners.

In view of the aforesaid, the order of the Appellate Court merits no interference.

The petition is dismissed accordingly.

Order Date :- 21.1.2021

Vivek Kr.