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Smt. Phoolwati vs Mathurav Vrindavan Vikas ...

High Court Of Judicature at Allahabad|14 July, 2014

JUDGMENT / ORDER

By means of this writ petition the petitioner has come to this Court challenging the order of the trail court as well as revisional court by which respondent no.4 has been allowed to be impleaded as defendant in the proceeding. The petitioner claims that she has a valid lease deed executed in her favour and the said respondent no.4 absolutely no interest on the property but no document has been filed before the court below with regard to any interest either of the Nagar Palika or the respondent no.1 to be impleaded as party. The revisional court has also affirmed the order of the trial court.
According to the learned counsel for the petitioner, the sole ground taken by respondent no.4 to be impleaded as party is that respondent no.1 has allowed it to maintain the property as Park. According to him, even respondent no.1 has no interest or right over the property to allow any other person for maintenance for any other purposes. The petitioner is a valid owner of the property and no interference can be caused either by respondent no.1 or respondent no.4.
The matter requires consideration.
Learned Standing Counsel represents respondent no.2. Sri D.S.Chauhan, learned counsel appears on behalf of respondent no.1.
Issue notice to respondents no.3 and 4 returnable at an early date.
The respondents may file counter affidavit within one month.
The petitioner shall take steps for service of notice upon respondents no.3 and 4 within a week.
List after service of notice.
Till the next date of listing, the operation of the impugned orders dated 10.4.2014 and 4.2.2013 shall remain stayed.
Order Date :- 14.7.2014 SKM
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Title

Smt. Phoolwati vs Mathurav Vrindavan Vikas ...

Court

High Court Of Judicature at Allahabad

JudgmentDate
14 July, 2014
Judges
  • Abhinava Upadhya