Banwari Lal Sharma, J. - (1.) Though the matter is listed for orders on I. A. No. 44826/2014 under Article 226(3) of the Constitution of India for vacating the stay order passed on 09.09.2014 but with the consent of the learned counsel for the parties, the matter was heard finally.
(2.) The petitioners have preferred this writ petition invoking extraordinary jurisdiction vested in this court under Articles 226 and 227 of the Constitution of India against the order dated 31.07.2013 passed by the learned Additional District Judge, No. 18, Jaipur Metropolitan, Jaipur in Civil Suit No. 769/2012, whereby the learned court below dismissed the application filed under Order 1, Rule 10 CPC for impleading them as parties in the suit.
(3.) The brief facts giving rise to the case are that the respondent No. 15 Shri Mahaveer Swami Grah Nirman Sahakari Samiti Ltd. (hereinafter referred to as 'the Society') planned a residential scheme in the name of Prabhu Vihar Vistar Yojna in Village Mahal, Tan Jagatpura, Tehsil Sanganer, District Jaipur on a land ad measuring 10 bighas, 3 biswas in pursuance of execution of agreement to sale dated 25.03.1989 executed between the society and late Damodar S/o Bhonrya (now being represented through respondents Nos. 1 to 6) and Chhaju Ram S/o Bhonrya (respondent No.7). The society made full payment to the above said khatedars and also made division of the said land in plots and got demarcated them. The plot No. 23, ad measuring 500 sq. yards was allotted by the society to the petitioner No. 1 vide allotment letter dated 31.03.1992 against a total consideration Rs. 1,00,000/-. The petitioner No. 2 was allotted plots Nos. 45 and 46, ad measuring 266.66 sq. yards. The petitioner No. 3 was allotted plot No. 44, ad measuring 266.66 sq. yards and plot No. 34 was allotted to petitioner No. 4, ad measuring 450 sq. yards. A list of allottees of the said Prabhu Vihar Vistar Yojna was submitted by the society to the JDA (respondent No. 14) on 23.04.1997. The Department of Cooperative Societies recommended for liquidation of the society and the Joint Registrar (Banking), Cooperative Societies, Jaipur was appointed as Administrator of the Society who took-over the charge. The possession of the major part of the said land as handed-over by the khatedars of the society at the time of execution of agreement to sale dated 25.03.1989 but possession of some part was not handed over and they were failed to execute registered sale-deed the same in favour of the society, therefore, a suit for specific performance and possession of part of the land was filed by the society against the khatedars on 01.04.2002, which was dismissed for want of evidence by the learned Additional District Judge, No. 2, Jaipur District, Jaipur vide judgement and decree dated 27.08.2004, which was challenged by the society before this court in regular first appeal being SB Civil Regular First Appeal No. 772/2004, which was admitted vide order dated 26.10.2004 and interim order on the same day in respect of the status quo of the said land was also passed. An application for impleadment as necessary party under Order 1, Rule 10 CPC was moved by the petitioner No. 1 in the aforesaid appeal on 25.07.2005, which was registered as SB Civil Misc. Application No. 18012/2005 and during the pendency of the said first appeal, a settlement was arrived at between the khatedars of the subject land and the society and they sold the land through a sale-deed dated 14.09.2006 to the respondent No. 11. An application for withdrawal of the first appeal on account of the settlement was filed by the society on 12.09.2006, which was decided by this court vide order dated 22.09.2006 and the said appeal was dismissed as withdrawn. On account of the sale-deed dated 14.09.2006, respondent No. 11 obtained an order under Section 90B of the Rajasthan Land Revenue Act in his favour of 19.12.2006. The Administrator of the society challenged the order Under Section 90B of the Rajasthan Land Revenue Act before the learned Divisional Commissioner, Jaipur in appeal where petitioner No. 1 also moved an application for impleadment on 10.12.2007 and the said application came to be allowed by the Divisional Commissioner vide its order dated 09.02.2009. Thereafter, the appeal was dismissed vide order dated 18.09.2009. The said order was challenged by the Administrator of the society in writ petition before this court, which was registered as SB Civil Writ Petition No. 17197/2010, wherein notices were ordered to be issued to the respondents and an interim order of status quo was passed on 14.02.2011. After coming to know about the withdrawal of the appeal by the society, an application for recalling of the said order was also moved by the society through Administrator before this court on 24.05.2007, which was registered as SB Civil Misc. Application No. 55/2007 in SB Civil First Appeal No. 772/2004, wherein notices were issued and the application is pending for final adjudication.;