[2025:RJ-JP:2201] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 16672/2023 1. Mohammad Shokeen S/o Shri Molabaksh, R/o Mohalla Bisayatiyan, Sikar, Tehsil And District Sikar (Raj.) (Since Deceased ) Through One Of Lr. 1/1. Siraj S/o Late Mohammad Shokeen, Aged About 50 Years, R/o Mohalla Bisayatiyan, Sikar, Tehsil And District Sikar (Raj.). ----Petitioners Versus 1. Abdul Sattar S/o Shri Abdul Shakoor, Aged About 58 Years, R/o Azad Nagar, Gali No. 2 Seedhi-486661 (Madhya Pradesh). 2. Mohyuddin S/o Shri Abdul Shakoor, R/o Asraf Bairing House, Lalta Chowk, Near Bus Stand, Seedhi-486661 (Madhya Pradesh). 3. Mohammad Aslam S/o Shri Abdul Shakoor, R/o Asraf Bairing House, Lalta Chowk, Near Bus Stand, Seedhi- 486661 (Madhya Pradesh). 4. Kallu @ Mohammad Rafees S/o Shri Abdul Shakoor, R/o Asraf Bairing House, Lalta Chowk, Near Bus Stand, Seedhi-486661 (Madhya Pradesh). 5. Mohammad Sikandar Ballu S/o Shri Abdul Shakoor, R/o Asraf Bairing House, Lalta Chowk, Near Bus Stand, Seedhi-486661 (Madhya Pradesh). 6. Maina W/o Shri Saleem D/o Shri Abdul Shakoor, R/o Samata Tola, Near Najirabad, Telmil Satna, Post Satna, District Satna, Pincode 485001 (Madhya Pradesh). 7. Smt. Afsana W/o Shri Sameer D/o Shri Abdul Shakoor, R/o Taj Picture House, Near Janki Park, Village And Post Riwan, District Riewan (Madhya Pradesh) 8. Smt. Munni W/o Saleem D/o Shri Abdul Shakoor, R/o Taj Picture House, Near Janki Park, Village And Post Riwan, District Riewan (Madhya Pradesh) 9. Smt. Shameem W/o Shri Mohammad Sharif D/o Shri Abdul Shakoor, R/o C/o Sharif S/o Shri Ismamile Teli, Near Sabalpura Doodh Dairy, National Highway No. 11, Fatehpur Road, Sikar. [2025:RJ-JP:2201] (2 of 5) [CW-16672/2023] 10. Sub Registrar, Sikar Sub Registrar Office Sikar. 11. Subhash Chand S/o Shri Ganpat Singh, R/o Nawalgarh Road, Sikar. 12. Mainuddin Saiyad S/o Shokat Ali, R/o Behind Bhati Mension, Mohalla Dhobiyan, Sikar. 13. Suresh Kumar Sharma S/o Shri Kailash Narayan, R/o Bahado Ki Gali, Chandpole Gate, Sikar. 14. Mohammad Haroon S/o Abdul Majeed, Aged About 36 Years, R/o Jamal Colony, Village Ranoli, Tehsil Dantaramgarh, District Sikar. 15. Mahendra Kumar Dheenwa S/o Shri Banwari Lal Dheenwa, R/o Ward No. 5, Village Gungara, Via Piprali, Tehsil And District Sikar. 16. Rohit Kumar S/o Shri Shankarlal, R/o Baluram Compounder Ki Gali, Jaipur Road, Sikar. 17. Mohammad Ejaj Solanki S/o Mohammad Riyal Solanki, R/o Hindi Vidhya Bhawan School Ki Gali, Bajaj Road, Sikar. 18. Iqbal S/o Abdul, Aged About 45 Years, R/o Behind Bhati Mension, Mohalla Dhobiyan, Sikar. 19. Mohammad Jafar S/o Haji Saddik, R/o Mohalla Teliyon Ka, Near Noorani Masjid, Tehsil Laxmangarh, District Sikar. Mohammad Shokeen S/o Shri Molabaksh, R/o Mohalla Bisayatiyan, Sikar, Tehsil And District Sikar (Raj.) (Since Deceased) Through Other Lrs- 20. Mohammad Shokeen S/o Shri Molabaksh, Aged About 75 Years, R/o Mohalla Bisayatiyan, Sikar, Tehsil And District Sikar (Raj.) (Since Deceased) Through Other Lrs- 20/1. Smt. Batul W/o Late Mohammad Shokeen, Aged About 75 Years, R/o Mohalla Bisayatiyan, Sikar, Tehsil And District Sikar (Raj.). 20/2. Sikandar S/o Late Mohammad Shokeen, Aged About 37 Years, R/o Mohalla Bisayatiyan, Sikar, Tehsil And District Sikar (Raj.). 20/3. Najreen S/o Late Mohammad Shokeen, Aged About 58 Years, R/o Mohalla Bisayatiyan, Sikar, Tehsil And District Sikar (Raj.). 20/4. Gulshan S/o Late Mohammad Shokeen, Aged About 56 [2025:RJ-JP:2201] (3 of 5) [CW-16672/2023] Years, R/o Mohalla Bisayatiyan, Sikar, Tehsil And District Sikar (Raj.). 20/5. Sabana S/o Late Mohammad Shokeen, Aged About 32 Years, R/o Mohalla Bisayatiyan, Sikar, Tehsil And District Sikar (Raj.). ----Respondents For Petitioner(s) : Mr. Manoj Kumar Bhardwaj, Adv. For Respondent(s) : Mr. Prashant Sharma, Adv. HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA Order 16/01/2025 This Civil Writ Petition has been filed by the petitioner- plaintiff (for short 'the plaintiff') against the order dated 14.07.2023 passed by Additional District Judge No.2, Sikar in Civil Suit No.251/2013 B.T. No.52/2013 (CIS No.1495/2014), whereby application filed by the applicant-Mohammad Jafar under Order 1 Rule 10 CPC has been allowed and he has been impleaded as a party respondent in the suit. Learned counsel for the plaintiff submits that plaintiff filed a suit for specific performance against the respondent Nos.1 to 18- defendants (for short 'the defendants') in which the applicant- Mohammad Jafar filed an application under Order 1 Rule 10 CPC and the trial court vide its order dated 14.07.2023 allowed the application filed by applicant-Mohammad Jafar and impleaded him as a party respondent. Learned counsel for the plaintiff also submits that trial court had committed error in impleading the applicant-Mohammad Jafar as a party respondent. [2025:RJ-JP:2201] (4 of 5) [CW-16672/2023] Learned counsel for the plaintiff also submits that it is the prerogative of the plaintiff to implead the person(s) as a party respondent. The plaintiff had not sought any relief against the applicant-Mohammad Jafar. So, trial court had committed an error in impleading the applicant-Mohammad Jafar as a party respondent. So, petition filed by the plaintiff be allowed and the order dated 14.07.2023 passed by the trial court be set aside. Learned counsel for the plaintiff has placed reliance upon the following judgments : (1) Kasturi Vs. Iyyamperumal & Ors. reported in (2005) 6 SCC 733 and (2) Surendra Kumar Khedwal Vs. Purshottam Lal Banka & Ors. in S.B. Civil Writ Petiion No.16383/2022 decided on 04.05.2023. Learned counsel for the applicant-Mohammad Jafar has opposed the arguments advanced by learned counsel for the plaintiff and submits that the applicant-Mohammad Jafar had purchased the disputed property by way of registered sale deed dated 02.01.1980, whereas the agreement to sell in favour of the plaintiff is of the year 1998. So, the trial court rightly impleaded applicant-Mohammad Jafar as a party respondent. So, present petition being devoid of merit, is liable to be dismissed. I have considered the arguments advanced by learned counsel for the plaintiff as well as learned counsel for the applicant-Mohammad Jafar. It is an admitted position that applicant-Mohammad Jafar had purchased the disputed property by way of registered sale deed dated 02.01.1980, whereas the plaintiff had filed a suit for specific performance of agreement dated 09.01.1998. So, in my considered opinion, trial court had not committed any error in [2025:RJ-JP:2201] (5 of 5) [CW-16672/2023] impleading the applicant-Mohammad Jafar as a party respondent. So, present petition filed by the plaintiff being devoid of merit, is liable to be dismissed, which stands dismissed accordingly. Pending application(s), if any, stand(s) dismissed. (NARENDRA SINGH DHADDHA),J Jatin /124