Court No. - 6
Case :- MATTERS UNDER ARTICLE 227 No. - 3346 of 2019 Petitioner :- Phool Bano Respondent :- Nagar Nigam Saharapur And 3 Others Counsel for Petitioner :- Awadhesh Kumar Sharma,Ranvijay Kumar Counsel for Respondent :- C.K.Parekh
Hon'ble Yashwant Varma,J.
Heard learned counsel for the petitioner and Sri C.K. Parekh who appears for the respondent No.1.
Bearing in mind the nature of the order which this Court proposes to pass, notice need not issue to the respondent Nos. 3 and 4.
This petition impugns an order passed by the trial Judge allowing an application of the private respondents made under Order 1 Rule 10 CPC. The order of the trial Judge has been affirmed by the appellate Court. As is evident from a reading of the findings as returned by the Courts below, the respondent Nos. 3 and 4 have claimed rights over part of the property in dispute by claiming that it is part of a graveyard which is under their management and control. The orders impugned do not decide any substantive right or title of parties. It is always open for the Trial Judge to permit such parties to intervene who are able to establish a prima facie interest in the ultimate decision that may be rendered in the suit and which may affect the property in question. The order impugned suffers from no palpable error.
The writ petition is dismissed.
Order Date :- 30.4.2019 faraz