Cw -7448/2009-Smt. Leela Devi Vs. Upendra Kumar & Anr. Judgment dt.27.7.09 1/2 S.B. CIVIL WRIT PETITION NO.7448/2009 Smt. Leela Devi Vs. Upendra Kumar & Anr. Date of order : 27th July, 2009 PRESENT HON'BLE DR. JUSTICE VINEET KOTHARI Mr. Rameshwer Chauhan for the petitioner. ------- 1. Heard learned counsel. 2. This writ petition is directed against the order dated 25.4.2009 whereby the learned trial court rejected the application of applicant Lila Devi daughter of defendant Ishwar Lal against whom the present suit for specific performance has been filed by plaintiff Upender Kumar. 3. Learned counsel for the petitioner-applicant submits that the property in question is ancestral and, therefore, father Ishwar Lal could not agree to sell the property in question. He however submits that her brother had also filed application under Order 1 Rule 10 C.P.C. which came to be rejected by the learned trial court. 4. Having heard learned counsel, this Court is of the opinion that the learned trial court has not committed any error in rejecting the application under Order 1 Rule 10 C.P.C. of the present Cw -7448/2009-Smt. Leela Devi Vs. Upendra Kumar & Anr. Judgment dt.27.7.09 2/2 applicant Lila Devi. Irrespective of her right in property, if any, which she can claim only by way of suit for partition, the right of father to agree to sell the property in question cannot be disputed and, therefore, the applicant daughter is not entitled to join this lis against the defendant father Ishwar Lal. 5. Consequently there is no force in the writ petition. The same is dismissed. Copy of this judgment be sent to opposite party as well as learned trial court. [ DR. VINEET KOTHARI ], J. item No.23 babulal/