^,-^,, .-- •r^^^y^^ Nl^L^ ^i.^^Vi ^- IN THE HIGH COURT OF JUDICATURE :: CG :: BILASPUR WRIT PETITION (227) N0 :;?;73 OF 2010 PETITIONER DEFENDANT-1 Irshad Ali aged 52 yrs s/o Shri Khusihal Miya r/o Gram -Vijay Nagar Tah ~ Ramanujganj Distt- Surguja -VERSUS- RESPONDENTS PLAINTIFF DEFENDANTS •^. *'»' <^ ^ ^4. Jununan Bibi, aged 55 yrs, d/o Shri Khusihal Miya w/o Shri Sher Mohammad Vajifan Bibi, aged 45 yrs, d/o Shri Khusihal Miya w/o Shri Jamaluddin Bigani Bibi, aged 38 yrs d/o Shri Khusihal Miya w/o Shri John Mohammad All: r/o Gram -Vijay Nagar Tah - Ramanujganj Distt- Surguja Rahiman Bibi aged58yrs, d/o Shri Khusihal Miya w/o Shrilshak r/o Gram-Fulwar, Post-Shivpur Ramanujganj, Distt-Surguja CG 5. Kusum Bibi d/o Shri Khusihal Miya w/oShri Shahabuddin Gram-Chutaru, Post-Bandu Dist-Gadhava, Jharkhand ^ 6. The Stateof CG Throu^h: The Collector Ambikapur, Surguja CG ^^K^^s.^^ h- WRIT PETITION UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA ^T' HIGH COURT OF CHHATTISGARH AT BIIASPUR Sinate Bench: Hon*bte Shri Justice Prashant Kumar Mishra WritPetition(2271 hto.779/2010 PETITIONER DEFENDANTN0.1 RESPONDENTS PLAtNTIFF (retedAli Versus Jumman Bibi and others. Shri Anurag Dayal Shrivastava, counsel for the petitioner. Shri SanjeevAgrawat, P.L. fbrthe State/respondent No:0, -,.1,1:1 WRTT PETmON UNDER ARTICLE 227 OF THE CONSTrrUTION OF INDIA •1 \ ' : •1: ! ':r:^,::::^;' ORALORDER (24.02.2010) The petitioner herein is aggrieved by the order dated 27-07-2(X^ passed by the Civil Juc^e Class-1, Ramanu^anj allowing the appttoation fiied by the defendant No.2 under Ord^r ^ R{Ae»4^aof C.P.C. for her transposition in the suft from ctefendant to ptaintiff No. 2; (2) The subject application was moved by the defendant No.2 on the? ground that the plaintiff arwl the defendant Ho.2 are sisters anct both of t^m are ctaiming share in the suit property. Leamed trial Court has observed that the interest of the plaintiff as well as defendant No. 2 and the nature of Us involved jn the suit vis a vis the plaintiff and defendant No. 2 being common, apptication fited by the defendant No. 2 for her transposftion as ptaintiffshoukt be allowed. ^;!^^^iL.:;;iJj;:(j:::-f':i::|;l!^i|;'^'ir! (3) This Court is unable to accept the argument raised by the -i ^ . ^ - ' : 1- •;;'::11-!'1-^»^^^^^ teamed counset for the petitioner. The Hon'ble Supreme Court in the ..^^%l-; -^L^ matter of Kiran Tandon Vs. Allahabad Development Authority and an<rther AIR 2004 SC 2006 has hekl in para 4 of the report that * tt{t is wett settled that ff?e Court has power under sub-rule (2) Orcter /, Rute ^O, C.P.C.io transfer a defencfQnt to the categoiy of plwntiffs an^ where the piainWf agrees, such transposition shouki be readify made." (4) In view of the above pronouncement of Hon'ble Supreme Court, this Court is of the opinion that the impugned order does not calt for any interference in exercise of power under Arttete 227 of the Constitutlon of Ind®. (5) As a result, the instant petition under Arttete 227 of the Const'rtution of India faite and is hereby dismissed. ____ Sd/- prashantKumarMishra Judge w^