AJAY RASTOGI, J. - (1.) INSTANT petition has been filed assailing the order passed by the learned Tribunal rejecting the application under Order 1 Rule 10 CPC filed by the petitioner vide order dt.24.2.2012.
(2.) Eviction application under Section 9 of the Rajasthan Rent Control Act, 2001 was filed by respondent No.2 -landlord of the demised premises against the respondents No.3 & 4 (Tenants). It has been informed to this Court that the eviction application has ripen for final hearing. At this stage, the application came to be filed by the present petition under order 1 Rule 10 CPC on the premise that the demised property is their ancestral property and the suit for partition was filed, however, it was dismissed on 25.5.2004 against which appeal has been preferred in this Court and the parties are directed to maintain status quo.
(3.) COUNSEL submits that the petitioner is claiming his share in the demised premises and in such circumstances, if he is not impleaded as one of the co -applicant in the pending eviction application, his rights will be seriously jeopardized.;