Imleadment of party
AJAYA KUMAR DASH
(Querist) 30 September 2011
This query is : Open
Respected Sir,
My grand mother who had purchase two peaces of land an area Ac.1.083 & Ac.1083 decimals from one Khata and one Plot vide two registered sale deed on dt.13.06.86 with specific boundary and sketch map from all 8 nos co-sharers / owners through their general power of Attorney Holder who is also one co-owners. On the same day said Power of attorney holder had executed registered sale deeds in favour of other 10 persons from the same one Khata and plot . But in each and every sale deeds of nos of difeerent vendee inadvertenly wrong khata number was mentioned although the plot no, area and boundary was correctly mentioned.
My grand mother died in died in 27.04.1996 and after her demise the legal heirs my father and uncle are continuing in peaceful possession as owner thereof and has already filed a suit in the year 2004 in hon'ble trial court for suit for declaration with a relief for correction of Khata number in the sale deed and the same is pending for defence evidence.
We came to know that in the year 2011, Three( 3) other different subsequent purchaser / vendee who purchases in the year 1990 from the same partial six(6) nos out of 8 (eight) of co-owners without partition by metes and bound by virtue of other registered sale deed from the same boundary and sketch map which was attached in my grand mother sale deeds , after filing 3 nos of different suit for permanet injuction in the same hon'ble trial court against my father and uncle and interim order is passed to maintain status quo of this suit land in our absence.
Further all the 3 nos subsequent purchasers / vendees filed separate application under CPC order 1 rule 10 to implead as party in the suit for declaration of correction of khata no filed by my father and uncle.
Therfore you are hereby requested to be kind enough to furnish me the and relevant judgement for :
01. Dissmiss the application for Impleadment as party in suit for declaration.
02. Dissmiss the interim status quo order in suit for permanet injunction.
Thanking you,
With Regards,
A.K.Dash
A/56, Sahidnagar,
Bhubaneswar - 751007
