Devsthan land

Goapl Garg (Querist) 01 November 2019 This query is : Resolved
A family is in occupation of a Mandir Murti Land.In order to camouflage their illegal occupation and to secure a court decree, the father has filed an Injunction suit against his son and have obtained permanent Injunction and the suit is now on the verge of disposal.The father has submitted all the receipts, permission etc from Revenue Authority towards payment of House Tax but have not produced any Title Document which he does not have.The Court is likely to decide in favour of one of the contestant which will give the family a legal order towards their right and on the basis of which the land is likely to be commercially exploited.It is a suit in collusion.The Sebait of the Mandir is also in collusion.I as a neighbor of the said land has filed an application order 1 rule 10 to be added as a party to suit so I can bring out the facts before the court.The Court says I do not have locus to be added as a party in this suit. I have to argue my case on 7th November next. Can you please suggest some argument , citation, case laws which can find defense in my being added as a party. Thanks

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Guest (Expert) 01 November 2019
Refer the Supreme Court Judgement Pronounced by the Bench of Honorable Justices R. Bhanumathi and Indra Banerjee on September 18th 2019 in the Civil Appeal 2607 of 2013. Appellants Janardhan Dagdu Khomane and another VS Eknath Bhiku Yadav and Others-- Respondents. ( It may serve your requirement- Please Verify -- Search in Google )

Guest (Expert) 01 November 2019
The above Orders would speak about your Main Case

Guest (Expert) 01 November 2019
As per your Query you could only appear as Evidence Or Witness to give your statements and not as any Party in the Case. Your Advocate could make the pleadings for your appearance

Guest (Expert) 01 November 2019
If at all you Wish a Suit of Public Interest Litigation could be filed by you in the concerned High Court

Guest (Expert) 01 November 2019
Discuss with a Good Advocate

Dr J C Vashista (Expert) 02 November 2019
It is advisable to consult and engage a local prudent lawyer for guidance and proceeding.

krishna mohan (Expert) 04 November 2019
Is the temple is privately owned or by any charitable trust or public controlled? Normally third party have no right unless there is unauthorized encroachment involving public interest. PIL possibility you can check because matter is already subjudice.

P. Venu (Expert) 04 November 2019
Any suggestion depends upon how the temple is managed and how the family is in occupation of the alleged temple property. The query posted suggest that there are deeper issues.

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