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Judgment
Sanjay Yadav, J.—Heard on admission.
Order dated 6.9.2013 passed by the Third Civil Judge, Class II, Jabalpur in Civil Suit No. 153-A/2012 is being assailed vide this petition under Article 227 of the Constitution of India; whereby, an application preferred by the petitioner under Order 1 Rule 10 of the CPC 1908 seeking impleadment in the civil suit, has been rejected.
Suit at the instance of respondent/plaintiff against respondent No. 2 is for permanent injunction that he be not dispossessed from plot No. 37 and 38 admeasuring 4800 sq.ft. situated at Mauza number settlement No. 264/PC-No. 24/1 Tehsil and District Jabalpur bearing Khasra No. 13 to 15, 16/1, 16/2, 20 to 22 admeasuring 10.9 acres without taking recourse to law.
Petitioner claiming himself to be the owner of the suit property on the basis of Will executed in his favour by Duli Chand filed an application under Order 1 Rule 10 of CPC seeking impleadment in the suit.
Trial Court taking into consideration that the documents filed by the petitioner does not clearly discloses that he was the owner of suit property, rejected the application.
Trial Court observed
In absence of any cogent material on record establishing the title of the petitioner over the suit property, conclusion arrived at by the trial Court cannot be doubted.
Therefore no interference is caused. Petition fails and is dismissed.