- (1.) HEARD learned counsel for the parties.
(2.) THE petitioner/plaintiff, Bhanwar Singh, has filed this writ petition under Article 227 of the Constitution of India against the order dated 15.02.2013 (Annex.15) passed by learned Civil Judge (Jr. Division), Pilibanga, whereby the learned trial court in a suit filed by the petitioner/plaintiff for declaration on the basis of a 'Patta' dated 06.01.1974 issued by the Gram Panchayat - Dheer Desar, allowed the application filed by the private respondents under Order 1 Rule 10 CPC for impleading them as party -defendant in the aforesaid suit. Mr. V.K. Aggarwal, learned counsel for the petitioner submitted that the petitioner/plaintiff was granted temporary injunction by the learned trial court in the suit vide order Annex.8 dated 05.02.2011, against which even appeal filed by the Municipal Board, Pilibanga, was dismissed by the learned Additional District Judge, Fast Track, No.1, Hanumangarh, and the respondent - Municipal Board was restrained from holding any auction in favour of private respondents. He further submitted that even though no right has vested in the private respondent as yet because merely giving of bids by them with respect to land in question, does not create any right in their favour and, therefore, their impleadment in the suit filed by the petitioner/plaintiff is wrong and the learned trial court has erred in allowing their impleadment while allowing applicant's application under Order 1 Rule 10 CPC.
(3.) ON the other hand, Mr. H.S. Sidhu and Mr. P.R. Mehta, learned counsel for the respondents urged that the 'Patta' issued in favour of petitioner/plaintiff is wrong and the Municipal Board, Pilibanga is contesting the suit, however, in view of temporary injunction granted in favour of petitioner/plaintiff, the status quo with respect to land in question is being maintained and subject to the decision of the present suit, the rights under the Bids given by the private respondents, will be determined later on by the Municipal Board and, therefore, their impleadment in the suit, is justified and cannot be questioned by the petitioner/plaintiff.;