Challenge is made to the Order dated 21st November 2011 passed by the trial Court in Special Civil Suit No. 353 of 2010, whereby the Court has decided to hear both the Applications Exh. 32 & 39 simultaneously.
Learned advocate for the petitioner urges that he is the power of attorney holder of the original plaintiff and has preferred an application for impleading himself as party in the pending suit. Being the only interested person, unless he is impleaded as party-defendant, his right is likely to be jeopardized. He further urges this Court that if both the applications are simultaneously heard and decided, he may not have any opportunity of challenging such an order; in case it is decided against him, and therefore, some time gap may be kept in deciding both these applications.
Learned advocate Shri Shital Patel appearing for the respondents no. 4 to 10 urged that in a petition preferred under Article 227 of the Constitution of India, this Court need not grant any indulgence as there is hardly any perversity or illegality in the order impugned.
On being heard learned advocate for the respective parties and on examination of the record, this Court is of the opinion that this petition deserves no entertainment.
As can be seen from the order impugned, the trial Court is conscious of the fact that the application preferred by the present petitioner is for impleadment and it has rightly considered the tenor of both the applications to decide hearing of these applications together vide its order impugned. There are various questions arising, and one of them being vital question of suit by the proposed society in the present form. However, as the trial Court is to decide these applications together, it can take into consideration all the aspects. Neither there is any perversity, nor any illegality which has caused any serious prejudice to the right and interest of the present petitioner warranting interference from this Court. Resultantly, this petition fails and the same is dismissed in limine. Notice discharged with no order as to costs.
{Ms.
Sonia Gokani, J.} Prakash* Top