SUKH RAM DIDEL Vs. NARPAT SINGH

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The present writ petition has been filed against the order dtd. 12/9/2023 passed by learned Civil Judge (South), Udaipur City, Udaipur, whereby the application preferred by the petitionersapplicants under Order 1 Rule 10 CPC has been rejected.

(3.) Briefly noted the facts of the case are that the petitioners are having a land measuring 0.1900 hectare in village Badgaon. The said land was surrendered to Urban Improvement Trust, Udaipur for the purpose of issuing residential lease deeds (patta). The patta was issued by the UIT, Udaipur, the plots were sanctioned and the petitioners constructed their houses therein. Simultaneously, the UIT also sanctioned a road of 30 feet width for which 15 ft. of land was surrendered by the petitioners. The sanctioned road was allegedly encroached by the private respondents and, therefore, the UIT issued them the notice under Sec. 92-A of the Rajasthan Urban Improvement Act, 1959 (hereinafter referred to as 'the Act of 1959') for removing the said encroachment. The respondents filed their reply to the show cause notice and ultimately those proceedings were decided by the Urban Improvement Trust, udaipur vide its order dtd. 16/5/2023. The private respondents were ordered to remove their encroachments from the road as mentioned above. Against the order dtd. 16/5/2023, the private respondents filed a suit before Civil Judge (South), Udaipur. In the pending suit, the petitioners filed an application under Order 1 Rule 10 CPC for impleading them as party respondents, however, the said application was rejected vide order dtd. 12/9/2023. Hence, the present writ petition has been filed.