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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH 128 CR-2591-2025 Date of Decision: 30.04.2025 ROSHAN LAL …..Pe++oner Vs.
RADHO DEVI @ RADHA DEVI AND ANOTHER …..Respondents
CORAM:
HON’BLE MR. JUSTICE DEEPAK GUPTA Present: Mr. Amit Jain, Advocate for the peoner. ****** DEEPAK GUPTA, J. (ORAL) Plainff-peoner is the brother and defendant-respondent- Radho Devi @ Radha Devi is the sister. Both of them inherited the property of their father Sh.Gangadhar. Plainff claimed right under Secon 22 of the Hindu Succession Act seeking declaraon and enforcement of rights of pre- empon against defendant in the property in dispute, stang that as per this provision, he had the preferenal right to purchase the suit property in case defendant proposes to sell the same. It was alleged in the plaint that defendant proposed to sell her share in the property to one Sunil Kumar.
2. Defendant moved an applicaon under Order 1 Rule 10 CPC so as to implead said Sunil Kumar son of Roshal Lal as a party. That applicaon has been allowed by way of the impugned order dated 18.02.2025, which has been assailed before this Court.
3. It is contended by learned counsel that the proposed purchaser from defendant is not the necessary party in the suit.
4. This Court does not find merit in the contenon. The plainff himself has stated in the plaint that defendant intended to sell her share in the suit property to Sunil Kumar. He may not be necessary party, but atleast this Court considers him to be a proper party, to be heard before deciding the controversary. PRIYANKA 2025.04.30 18:47 I attest to the accuracy and integrity of this document
CR-2591-2025 -2-
5. Faced with this situaon, learned counsel sumbits that since this a dispute between brother and sister, therefore, the ma9er may be referred to the Mediaon Centre. As far as the present peon against
order dated 18.02.2025 is concerned, it is found to be without any merit and as such, the same is hereby dismissed. However, the trial Court is
directed that before proceeding further in the ma9er, it will refer the dispute to the Mediaon Centre to explore the possibility of compromise.
( DEEPAK GUPTA ) 30.04.2025 JUDGE pry Whether speaking/reasoned : Yes/No Whether reportable : Yes/No PRIYANKA 2025.04.30 18:47 I attest to the accuracy and integrity of this document