1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR ORDER S.B. Civil Writ Petition No.1531/2008 Murti Shri Kuram Ji Maharaj Versus All Cheepa Community & Others Date of Order :: 16th July, 2008 PRESENT HON'BLE MR. JUSTICE NARENDRA KUMAR JAIN Mr. Arvind Bhardwaj for the petitioner BY THE COURT: Heard learned counsel for the petitioner. 2. The respondents no. 1 to 5 filed a suit for permanent injunction in respect of disputed property against defendants- respondents in the trial court wherein present petitioner filed an application under Order 1 Rule 10 CPC. The trial court rejected the same vide order dated 17th January, 2008 which is under challenge in this writ petition filed on behalf of applicant–petitioner. 3. The learned counsel for the petitioner contended that looking to the facts and circumstances of the case, the applicant was a necessary party and trial court committed an illegality in rejecting the application. 2 4. I have considered the submissions of learned counsel for the petitioner in the light of the reasons assigned by the trial court while rejecting his application under Order 1 Rule 10 CPC. The trial court has observed that this is a suit for injunction and no declaration has been sought by the plaintiff, therefore, present applicant Murti Shri KuramJi Maharaj cannot be said to be necessary party. The reasons assigned by the trial court for rejecting the application of the petitioner appears to be absolutely justified in the eye of law and no interference is called for in the order passed by the trial court. The petitioner is always at liberty to file a separate suit for its independent rights. There is no merit in this writ petition and the same is, accordingly, dismissed in limine. (NARENDRA KUMAR JAIN),J. DK 3 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR ORDER S.B. Civil Misc. Stay Application No. 311/2008 In S.B. Civil Writ Petition No.1531/2008 Murti Shri Kuram Ji Maharaj Versus All Cheepa Community & Others Date of Order :: 16th July, 2008 PRESENT HON'BLE MR. JUSTICE NARENDRA KUMAR JAIN Mr. Arvind Bhardwaj for the petitioner In view of dismissal of the writ petition itself, the stay application filed therewith, does not survive and it also stands disposed of. (NARENDRA KUMAR JAIN),J. DK