- (1.) HEARD finally with the consent of learned counsel for the parties.
(2.) THE appellants have preferred this intra court appeal against order of Single Bench dated 5.4.2013, whereby writ petition filed by appellants against orders of Executing Court dated 30.10.2012 and 6.3.2013, has been dismissed. Briefly stated, the facts of the case are that respondent no.2 Pradeep Kumar filed an application for eviction under the provisions of the Rajasthan Rent Control Act, 2001, against respondent no.3 - tenant Balkishan, wherein an objection was taken by tenant that his two brothers Kanhaiyalal and Premnarayan are necessary parties. A specific issue no.3 was framed as to, "whether Kanhaiyala and Premnarayan were necessary parties "? The said issue was decided against tenant and a certificate of possession was issued in favour of respondent no.2. It is relevant to mention that at the time of recording the statement of tenant Balkishan before Rent Tribunal, the appellant Kanhaiyalal was present in the Court. The said fact is proved from the certified copy of the statement of Balkishan, which was referred to during the course of arguments by learned counsel for respondent no.2. The said statement of Balkishan has not been disputed by learned counsel for petitioner/appellants. Despite knowledge of the present eviction proceedings, the appellants did not file an application under O.1 R.10 CPC to implead them as a party. It is clear from the statement of Balkishan that present appellants were watching the proceedings of eviction proceedings. However, in an appeal filed by tenant Balkishan against eviction decree, the appellants filed an application under O.1 R.10 CPC to implead them as a party, which was dismissed. The said order was affirmed by the Single Bench as well as Division Bench of this Court. Thereafter the appeal filed by Balkishan was also dismissed.
(3.) RESPONDENT no.2 Pradeep Kumar, thereafter filed execution petition. In the said Execution Petition, the appellants filed objection petition along with an application to stay the execution proceedings, which was dismissed by Executing Court. The said order was challenged before Single Bench by way of writ petition, which was dismissed vide order dated 5.4.2013. Being aggrieved with the said order of Single Bench, the present intra court appeal has been filed.;