^) In the High Court of Chhattisgarh at Bilaspur W. P. No^ |a^of200§?- Petitioner Respondents: ^r-^ ^/•^^•'' ~^iy ./M7 ^yy .'!<*' „•?•' .•• ^'.^.y' <^~ ^ ^y Smt. Pumimabai @ Punnibai Agrawal, W/o. Late BN Agrawal, aged 85 years, C/o. Dr. Pratap Agrawal, Advocate, Main Road, Jagdalpur - 494001. Versus 1. Udainarayan S/o. Ayodhyaprasad, aged 75 years, R/o. Main Road, Jagdalpur - 494001. 2(a) Smt. Ushabai W/o. Deokishan Agrawal, aged 65 years 2(b) Deepak S/o. Deokishan, aged 50 years, 2(c) Sanjay S/o. Deokishan, aged 45 years, 2(d) P^aju S/o. Deokishan Agrawal, 42 years, 2(a)(b)(c)(d) R/o. Main Road, Jagdalpur. 2(e) Smt. Jyoti Agrawal W/o. Shyam, aged 47 years, R/o. Piirani Basti, Raipur 3(a) Vijay Kumar S/o. Late Trilokinath Agrawal aged 45 years, Businessman, Main Road, Jagdalpur. 3(b) Smt. Umabai Wd/o. Late Trilokinath 3(c) Smt. Arun D/o. Trilokinath Agrawal, aged 55 years, R/o. Purani Basti, Raipur. 3(d) Smt. Bina D/o. Trilokinath Agrawal, aged 53 years, R/o. Purani Basti, Raipur. 3(e) Smt. Shashi D/o. Trilokinath Agrawal, aged 50 years, R/o. Purani Basti, Raipur. 3(f) Smt. Munni @ Madhu D/o. Trilokinath Agrawal, aged 47 years, R/o. Purani Basti, Raipur. 4(a) Krishnagopal S/o. Late Bhanuprasad, aged 75 years. ^ 4(b) Madangopal S/o. Late Bhanuprasad aged 65 years. 4(c) Ramgopal S/o. Late Bhanuprasad, aged 60 years 4(d) Smt. Chandrawati Wd/o. Late Saligram, Aged 77 years. 4(e) Smt. Sumj bai w/o. notknown, aged 67 years 4(f) Munnibai w/o. notknown, aged 60 years 5(a) Smt. Geeta W/o. notknown, aged 55 years, 5(b) Smt. Gyatri W/o. notnown, aged 52 years 5(c) Smt. Prabha W/o. notknown, aged 50 years. All (4) (5) through Madangopal Agrawal, Mahavir Photocopiers, Lili Chowk, Raipur-492001. Writ for mandamus under Articie 326/227 Indian Constitution for declaration and possession of ancestral propertv, havine withdrawn civil revision petitipn no. 1594/96 between above parties before the Hon'ble Hish Court on dated 30-06-2005 with leave to file awrit petition. HIGH COURT OF CHHATTISGARH AT BILASPUR PETITITONER RESPONDENTS W.P. (C) No. 127/2007 Smt. Purnimabai @ Punnibai Agrawal Versus Udainarayan and others SB:- HON'BLE SHRI N.K. AGARWAL, J PRESENT:- Shri Viprasen Agrawal, Advocate, for the petitioner. ORAL ORDER (18-3-2011) 1. Legality and propriety of the order dated 26-7-1996 passed by the IIIrd Civil Judge Class I,Jagdalpur in Civil Suit No. 15-A/2006 is questioned by way of this writ petition under Article 227 of the Constitution of India by the petitioner hereir.. 1 2. Facts of the case in brief are that plaintiff instituted a suit claiming relief of declaration. During pendency of the suit, petitioner herein claiming to be sister ofplaintiffNo. 1 and necessary party in the suit applied for irapleading her as party/defendant under Order 1 Rule 10 of C.P.C. The prayer was opposed by the plaintiff as well as the defendants on the ground that the petitioner is not share holder in the suit property. Learned trial Court holding, the application is filed without supporting it with affidavit and without filing documents showing her interest in the suit property, dismissed the application. Having heard learned counsel for the parties and having perused the order impugned, I do not find any substance in the petition warranting interference of this Court in exercise of jurisdiction under Article 227 of the Constitution of India. t-y-^F^fr!-,. ^^"\ i ^-.----'""^'v. '•. V ^f^ However, the petitioner is free to move fresh application for impleading her as party/defendant after supporting it with the necessary documents. For the reasons mentioned hereinabove, the petition being without substance is liable to be and is hereby dismissed with the aforesaid liberty. Sd/- IV-K. Agarwal Judge jr ( ~--1' r~~ ass-ssusassas: