HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Second Appeal No. 493/2006
Narain And Ors
----Appellants
Versus
The State Of Rajasthan And Ors
----Respondents
For Appellant(s) : Mr. Neeraj K. Tiwari
For Respondent(s) : Mr. Akash Gupta for Mr. B. L. Agarwal
Mr. Akshay Sharma, Addl.GC
HON'BLE MR. JUSTICE SUDESH BANSAL
Order
02/03/2022
The matter has come up on an application (I.A.
No.33312/2018) filed under Order 1 Rule 10 CPC by the applicants seeking their impleadment in the present appeal as respondent Nos.5 to 7. The instant second appeal arises against the dismissal of appellant-plaintiff's suit for permanent injunction against the State of Rajasthan. The applicants have alleged that they have their own rights and interest in the suit property and the land in question is recorded in their names in the revenue record. The Revenue Appellate Authority, Ajmer passed judgment dated 07.08.2012 in their favour, wherein the land in question is also included. The applicants submit that they have succeeded in their litigation against the State Government up to the High Court. Thereafter, they came to know that the lis is pending at the best of appellant against the State of Rajasthan, wherein disputed land includes part of their property and the present second appeal is pending for hearing and during the course of appeal, the status (Downloaded on 05/03/2022 at 08:52:40 PM) (2 of 2) [CSA-493/2006] quo, is operating due to which the interest of applicants are adversely affected. It has been alleged that as and when applicants came to know about the pendency of present appeal, they filed the instant application.
The appellant has filed reply to the application contending that the applicants were not party before courts below and appellant is not seeking any relief against the applicants. Therefore, they may not be allowed to be impleaded as party respondents herein.
Having considered the rival submissions of both parties and documents placed on record it prima facie appears that applicants have shown some semblance, nexus and interest in the suit property, which is subject matter of this appeal. Although the rights of applicants are not required to be decided in this appeal, however they may be treated as at least proper party and not a necessary party, to participate in the proceedings. The pendency of appeal and status quo may adversely affects the interest and rights of applicants. Therefore, in the opinion of this Court, it is just and expedient to allow the impleadment of applicants as party respondent Nos.5 to 7. Accordingly, the application is allowed. The applicants are added as party respondent Nos.5 to 7.
Amended cause title be filed within a period of four weeks.
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