HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY CRP.No.3254 of 2014 Date:25.09.2014 Between:
Managing Committee Masjid-e-Qutub Shahi, reptd by its President-M.A.Sami Rafath, S/o Late M.A.Raheem . Petitioner And:
Mohd. Akram Uddin, S/o Late Ameeruddin and another.
. Respondents Counsel for the petitioner: Sri Mehdi Hussain Counsel for the respondents: ---
The Court made the following:
ORDER:
This Civil Revision Petition arises out of order, dated 07.08.2014, in I.A.No.742 of 2014 in O.S.No.385 of 2013 on the file of the learned I Additional Junior Civil Judge, Ranga Reddy District at L.B.Nagar.
I have heard Sri Mehdi Hussain, learned counsel for the petitioner and perused the record.
Respondent No.1 filed the above-mentioned suit against respondent No.2 for his eviction. The petitioner herein has filed I.A.No.742 of 2004 under Order I Rule- 10(2) of the Code of Civil Procedure for its impleadment on the ground that the suit property is a Wakf property and that neither of the parties to the suit is paying rents. This application was dismissed by the lower Court.
Irrespective of the reasons on which the lower Court has dismissed the said application, I am of the opinion that the very application filed by the petitioner for its impleadment in the suit, filed by respondent No.1 seeking eviction of respondent No.2, is wholly misconceived. If the rents are not being paid by the respondents, the petitioner’s remedy lies in instituting substantive proceedings against them before the competent Court of law. By merely getting impleaded in the suit filed by respondent No.1, the petitioner will not stand to gain any advantage at all.
For the above-mentioned reasons, the Civil Revision Petition is dismissed with liberty to the petitioner to initiate substantive proceedings against the respondents.
As a sequel to dismissal of the Civil Revision Petition, CRPMP.No.4454 of 2014 is dismissed as infructuous.
25thSeptember, 2014 DR
JUSTICE C.V.NAGARJUNA
REDDY