Court No. - 4 Case :- WRIT - C No. - 26488 of 2010 Petitioner :- Rushda And Others Respondent :- Smt. Shahin And Others Petitioner Counsel :- Anoop Mishra,Rohit Singh Hon'ble Krishna Murari, J.
Heard learned counsel for the petitioners.
In execution case no. 33 of 1975 between respondents for
execution of decree of partition of 1967, the petitioners made an
application for being impleaded in the proceedings on the basis of
alleged agreement to sell executed by one of the co-sharers in their
favour. Both the courts below have rejected the impleadment
application.
It is contended by the learned counsel for the petitioners that since
on the basis of the agreement to sell, the petitioners have filed the
suit for specific performance of contract as such they were liable to
be impleaded.
The argument is totally misconceived. Mere agreement does not
confer any right. The suit filed by the petitioners is yet to be
adjudicated. In such circumstances, the petitioners were neither
proper nor necessary party to be impleaded in the suit between co-
sharers. No illegality has been committed by the court below in
rejecting the impleadment application.
In view of the above facts and circumstances, the writ petition
accordingly fails and stands dismissed in limine.
Order Date :- 19.7.2010
Dcs