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Judgment
B.V. Pinto, J.—This writ petition is filed by the applicant in OS No. 441/2009 who has filed an application before the trial Court under Order 1, Rule 10(2) of CPC permitting the applicant to implead himself as defendant No. 5 in the suit as he is proper and necessary party to adjudicate the case. Though the application was filed on 24.07.2012, the said application is still under consideration.
Sri. N.R. Naik, learned Counsel for the petitioner submits that, if a direction is given to the trial Court to consider his application and pass suitable orders on the said application, it would suffice.
Sri. S.C. Vijay Kumar, learned Counsel for the respondent Nos. 1 to 3 submits that, the delay has occurred due to the fact that the applicant himself has been taking time before the trial Court. Having regard to the fact that the applicant claims himself to be an inamdhar of the suit schedule property, he is a necessary party to the suit. Hence, the trial Court is directed to consider the application under Order 1, Rule 10(2) of CPC filed by the petitioner and dispose of the same within an outer limit of one month from today.
Accordingly, the writ petition is disposed of.