2006 (8) TMI 697

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....or Division),Amritsar, vide which the application moved by the petitioners under Order 1 Rule 10 CPC for impleading them as parties to the suit has been declined. 2. The application was moved by the applicant-petitioners herein for being impleaded as a party to the suit on the ground that the plaintiff-respondent No. 1 herein has filed another suit for declaration and permanent injunction titled ....

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....nction of plan for raising construction from Municipal Corporation, Amritsar and 'No Objection Certificate' has been issued by the Improvement Trust, Amritsar. The case of the applicant-petitioner is that on account of mala fide intention to illegally and unlawfully grab the property of the petitioners, the plaintiff respondent has raised a wall illegally in order to block the passage of t....

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....ed against the applicants. The application moved by the petitioners has been rejected by the learned trial court by holding that controversy in suit for mandatory injunction filed by the plaintiff can be effectively and properly disposed of between the parties to the present suit and the presence of he applicants was neither necessary nor proper. It was further held that no relief has been claimed....

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.... impleaded as a party, is also with regard to the suit land wherein they are claiming to be owners in possession of the property. In these circumstances, it is not understood as to how the applicant-petitioners could be said to be neither necessary nor proper party. Their right to the plot is subject matter of dispute in the present suit. 6. It may also be noticed that plaintiff-respondent is see....