Abdul Jabbar vs Dileep Kumar And 7 Others
2022 Latest Caselaw 239 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 4
 

 
Case :- MATTERS UNDER ARTICLE 227 No. - 1814 of 2022
 

 
Petitioner :- Abdul Jabbar
 
Respondent :- Dileep Kumar And 7 Others
 
Counsel for Petitioner :- Deepak Gaur,Avinash Pandey
 

 
Hon'ble Salil Kumar Rai,J.

Heard counsel for the parties.

The present petition has been filed challenging the order dated 08.02.2021 passed by the Additional Civil Judge, Jr Division, Court No.7, District-Kanpur Nagar in original Suit No.359 of 2019, whereby the trial court has allowed the impleadment application filed by the defendant-respondents as well as against the judgment and order dated 01.12.2021 passed by the Additional District Judge, Court No.8, Kanpur Nagar dismissing Civil Revision No.27 of 2021 filed against the order of the trial court.

The petitioner who is the plaintiff in Original Suit No.359 of 2019, instituted the suit claiming a relief of mandatory injunction commanding the originally impleaded defendants to remove the constructions made on the suit property. The defendant-respondents filed impleadment applications claiming their share in the suit property. The trial court considering the aforesaid fact and also considering the fact that the applicants, admittedly, were successors of one Iliyas, who had been shown in the family tree in the plaint instituting the case, allowed the impleadment application. The petitioner filed a revision pleading that a withdrawal application was already pending before the trial court for withdrawal of the case and, therefore, the impleadment could not have been allowed.

The revisional court after considering the fact that the withdrawal application was filed after filing of the impleadment application, therefore no material irregularity was committed by the trial court in allowing the impleadment application.

The order passed by the courts below are in accordance with law and the court does not find any jurisdictional error or any other illegality in the aforesaid order. The petitioner shall always be at liberty to withdraw the suit in accordance with law and the impleadment of the defendant-respondents in the suit does not affect the rights of the petitioner-plaintiff to withdraw his case. It is also to be noted that the suit was filed for removal of the constructions made on the suit property and the applicants claiming themselves to be the successors of Iliyas and also a share in the suit property were entitled to be impleaded as defendant in the case.

It view of the aforesaid, there is no error in the orders passed by the courts below. Petition is, accordingly, dismissed.

Order Date :- 31.3.2022

Ashutosh