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Judgment
Hon''ble Mrs. Justice B.V. Nagarathna
This Writ Petition is directed against the order dated 26.2.2011, passed by the Addl. City Civil Judge, Bangalore on I.A.3, which is an application filed under Order-1 Rule-10(2) of CPC in OS No. 4339/07.
The relevant facts of the case are that the petitioner herein has filed a suit against Respondent-1 seeking a direction to Respondent--1 to execute a Joint Development Agreement and a General Power of Attorney in favour of the petitioner herein. During the pendency of the said suit, petitioner herein filed the aforementioned application seeking to implead Respondent Nos. 2 to 12 herein by contending that they are the persons who have purchased flats to be constructed on the suit schedule property under a Joint Development Agreement executed by the 1st defendant in favour of another developer. Trial court has dismissed the application. The said order is impugned in this Writ Petition.
I have heard the learned counsel for the petitioner and perused the material on record.
It is necessary to note that the suit is one against the 1st defendant. The contention of the petitioner is that the 1st defendant has executed Joint Development Agreement with some other party and Respondent-2 to 12 herein have entered into sale deeds for purchase of various flats which is an aspect which would not come within the scope of the relief claimed by the plaintiff against the 1st defendant. Petitioner has also not challenged the Joint Development Agreement executed by the 1st defendant in favour of the third party. In that view of the matter, trial court was justified in dismissing the application filed by the petitioner herein by holding that Respondent-2 to 12 are neither necessary nor proper parties for the adjudication of the suit between the petitioner and Respondent-1 herein. The said order does not call for any interference in this Writ Petition.
Accordingly, the Writ Petition is rejected.