Court No. - 18
Case :- MATTERS UNDER ARTICLE 227 No. - 5865 of 2018 Petitioner :- Jeera Devi And Another Respondent :- Phool Patti Devi, And Another Counsel for Petitioner :- Manish Khare
Hon'ble Mahesh Chandra Tripathi,J.
Heard Shri Manish Khare, learned counsel for the petitioners.
The petitioners have approached this Court with request to issue direction to the Civil Judge (Junior Division)-III, Varanasi to decide the impleadment application moved by the petitioners in Original Suit No.154 of 1999 (Munnan Devi vs. Amrawati).
Learned counsel for the petitioners states that Smt. Munnan Devi filed the aforesaid Original Suit No.154 of 1999 for cancellation of the sale deed dated 9.10.1998 executed in favour of second respondent namely Amrawati Devi in the Court of Civil Judge (Junior Division)-III, Varanasi. Thereafter, the plaintiff sold her entire property to both the petitioners on 23.5.2011. Unfortunately, the plaintiff had died on 9.2.2013, leaving behind her daughter Phool Patti Devi as sole legal heir. After the death of the plaintiff, her daughter Phool Patti moved an application (45-Ga) under Section 23 Rule 1 of C.P.C. for withdrawal of the aforesaid suit. When the petitioners came to know about the aforesaid withdrawal application, they moved impleadment applications under Order 22 Rule 10 of C.P.C in the aforesaid suit. The request has been made for issuing direction to the Court concerned for deciding the aforesaid impleadment applications within stipulated time.
The Court has proceeded to examine the record in question and finds that admittedly the aforesaid suit was filed in the year 1999 for cancellation of sale deed dated 9.10.1998 and thereafter the petitioners had purchased the entire property of the plaintiff on 23.5.2011. Once the petitioners purchased the property in question in the year 2011 after filing the aforesaid original suit then this Court is not inclined to pass any order for expediting the impleadment application in question.
The writ petition is dismissed.
Order Date :- 23.8.2018 RKP