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2022 DIGILAW 52 (RAJ)

Wasim Akram Pathan v. Ganga Bai

2022-01-06

DINESH MEHTA

body2022
ORDER 1. By way of the present writ petition the petitioner has challenged the order dated 08.12.2020 passed by learned Additional District Judge No.3, Udaipur (hereinafter referred to as the 'trial Court'). 2. Precisely narrated the facts germane for the present case are that the plaintiffs - respondents No.1 to 3 herein instituted a suit for partition and injunction in relation to their ancestral property. 3. In the suit aforesaid, which was filed in the year 2019, the petitioner moved an application on 14.02.2020 seeking his impleadment inter alia asserting that he has acquired right and interest in the property in furtherance of an agreement to sell dated 10.04.2019. 4. Petitioner's aforesaid application has been rejected by the trial Court inter alia observing that the suit in question is that of partition, in which petitioner claiming to be in possession on the basis of an agreement to sell cannot be permitted to intervene. 5. While rejecting petitioner's application the trial Court has clearly observed that neither the agreement in question is registered nor appropriate stamp duty has been paid thereupon. 6. Learned counsel for the petitioner argued that the learned trial Court has erred in rejecting petitioner's application vide its impugned order dated 08.12.2020, because if the petitioner is impleaded as a party, no prejudice will be caused to the plaintiff or defendants and it will not affect the trial. 7. Learned counsel expressed his apprehension that if injunction is granted in his absence, it would adversely affect petitioner's rights, who has purchased the property from defendants. 8. Having heard learned counsel for the parties and upon perusal of the record including the agreement to sell dated 10.04.2019, this Court is of the view that the petitioner purportedly having possession cannot intermeddle in the extant suit for partition. That apart, petitioner cannot claim any sort of right on the basis of an agreement which is prima facie not properly stamped and unregistered. 9. The writ petition, therefore, fails. 10. Stay application too stands dismissed accordingly.