Narain And Ors vs The State Of Rajasthan And Ors
2022 Latest Caselaw 1895 Raj/2

      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

(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.

(SUDESH BANSAL),J

saurabh/49

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