KISHAN SHARMA Vs. GRAM PANCHAYAT NIWARU

JUDGEMENT

(1.) By way of the instant writ petition, the petitioners have beseeched to quash and set aside the order dated 18th July, 2009 whereby the learned Civil Judge (Jr.Div.) Jaipur District, Jaipur allowed the application of the respondent Nos. 2 & 3 filed under Order 1 Rule 10 of CPC impleading them to be party defendants in the suit.

(2.) The petitioners are found to have filed the suit against the Gram Panchayat, Niwaru on 22nd December, 2008 for mandatory injunction. During the pendency of the suit, the respondents-applicant Nos.2 & 3 filed the afore-stated application under Order 1 Rule 10 of CPC for impleading them to be party defendants in the suit. The application was allowed by the learned trial Court, hence, the petitioners have invoked the extra ordinary jurisdiction under Article 227 of the Constitution.

(3.) Learned counsel for the petitioners canvassed that they had been in possession in the plot in question and they had already requested the respondent-defendant No.1-Gram Panchayat Niwaru to issue a patta in their favour. The petitioners also sought the relief, apart issuing direction to Gram Panchayat Niwaru, to issue a patta, to restrain other persons also from making any encroachment upon the land in question.