Smt. Kavita Agrawal vs Teerthanker Mahaveer Estate And 7 ...
2023 Latest Caselaw 14604 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Neutral Citation No. - 2023:AHC:100267
 
Court No. - 2
 

 
Case :- MATTERS UNDER ARTICLE 227 No. - 4025 of 2023
 

 
Petitioner :- Smt. Kavita Agrawal
 
Respondent :- Teerthanker Mahaveer Estate And 7 Others
 
Counsel for Petitioner :- Sumit Daga
 

 
Hon'ble Neeraj Tiwari,J.

Heard learned counsel for the petitioner.

Learned counsel for the petitioner submitted that petitioner is tenant of house in dispute after death of her father. He next submitted that respondents-defendants has filed P.A. Case No. 3 of 2014 without impleading petitioner and opposite party and same was decreed vide order dated 15.2.2018. Against that, Rent Appeal No. 5 of 2018 has also been filed. He further submitted that petitioner is having no knowledge about P.A. Case No. 3 of 2014 as well as Rent Appeal No. 5 of 2018 and she could know about the same on 15.12.2022 through two persons (one man & one woman), who came as messenger of Mr. Ankit Jain to inform her to vacate the house in question. After knowing the said fact, immediately, she has filed impleadment application, which was numbered as 44Ga. He further submitted that learned trial Court vide order dated 9.3.2023 has not decided the aforesaid application, but observed that same shall be decided at the time of final judgment of the appeal.

Learned counsel for the petitioner firmly submitted that impleadment application may not be decided at the time of final hearing of appeal and in case impleadment application is allowed, petitioner would get an opportunity to file written submission also, therefore, it is required on the part of concerned Court to decide the same on merits.

I have considered the submission of learned counsel for the parties and perused the record as well as impugned order. Argument so raised by the learned counsel for the petitioner is having substance. Even in the impugned order dated 9.3.2023, nothing has been stated as to why impleadment application has not been decided and kept pending for disposal at the time of final hearing of the appeal.

Therefore, under such facts and circumstances of the case, the impugned order dated 9.3.2023 so it pertains to application no.44Ga is hereby quashed and petition is allowed. Trial Court is directed to decide the impleadment application on merits maximum within a period of two weeks from the date of production of certified copy of this order.

It is also made clear that trial Court shall decide the impleadment application on its own merit strictly in accordance with law.

Order Date :- 9.5.2023

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