S.B. Civil Writ Petition No.3742/08 Vadera Induistries vs. the Civil Judge (SD), Pali & ors. 1 S.B. Civil Writ Petition No.3742/08 Vadera Induistries vs. the Civil Judge (SD), Pali & ors. Date of Order:- 2.2.2009 HON'BLE MR.JUSTICE PRAKASH TATIA Mr. JK Bhaiya for the petitioner. Mr. RK Mehta for the respondents no.3 and 4. None present for respondent no.2 Heard learned counsel for the parties. The contention of the petitioner before the trial court in the suit filed by respondent no.2 was that industrial plot F-149 is belonging to him and the land in question is situated adjoining to this land for which the plaintiff has filed the suit for prohibitory as well as mandatory injunction for obtaining the lease/licence from the respondent-RIICO. It is submitted that in case the suit will be decreed, the applicant-, petitioner's right will be adversely affected as the land is industrial land, is belonging to the RIICO, for which the applicant is also claimant. Non- petitioner no.2 has filed the suit. The petitioner invited my attention to the site report annexed with the Annexture-5 to show the location and submitted that any order, if will be passed in favour of the plaintiff, the applicant-petitioner's right will be adversely affected. Learned counsel appearing for the RIICO vehemently submitted that neither the plaintiff nor the applicant have any right over the property in dispute and they are entitled to sell the property by auction, S.B. Civil Writ Petition No.3742/08 Vadera Induistries vs. the Civil Judge (SD), Pali & ors. 2 if needed, and may not even dispose of the property. I considered the submissions of the learned counsel for the parties and perused the facts of the case. It is not in dispute that the land in dispute is situated near both the plots-plot no. F-148 and plot no.F-149. Plot No. F-148 is belonging to the plaintiff and F-149 is belonging to the defendant. Looking to the prayer of the plaintiff for the land over which he himself is not saying that he acquired title by allotment of the land in his favour, therefore, any order may adversely affect the petitioner, if passed without hearing the petitioner by the civil court. In the interests of justice, it would be appropriate that the applicant be impleaded as party defendant in the suit. Consequently the writ petition is allowed. The order of the trial court dated 28.2.2008 is set aside. The application filed by the applicant under Order 1 Rule 10,CPC is allowed. (PRAKASH TATIA)J mlt.