P.K.LOHRA,J. - (1.) Petitioners-plaintiffs have preferred this writ petition under Article 226 and 227 of the Constitution of India to challenge impugned order dated 11.09.2015 (Annex.7) passed by Civil Judge, Pilibanga (for short, 'learned Court below'), whereby learned Court below has allowed application of the respondents-applicants under Order 1, Rule 10 CPC for being impleaded as party defendants.
(2.) The bare necessary facts for the purpose of this petition are that petitioners-plaintiffs filed a suit by invoking Section 91 CPC, complaining about public nuisance, other wrongful acts affecting the public, and sought a relief of perpetual injunction. Precisely, it was pleaded in the plaint that the ring road of Chak No. 17 PBN of village having the width of 30 feet, is sought to be encroached by some miscreants and as a consequence of it the same has been reduced 8 to 10 feet only. Their precise case is that due to encroachment on the ring road the pedestrian and the other villagers are facing hindrance in their ingress and egress on the road. That apart, it is also urged that a water course is sought to be constructed on the said land which is likely to jeopardise the public interest and as such, it is necessary to restrain the authorities from raising construction of water course. The respondents-applicants laid application (Annex.3) for being impleaded as party defendants by urging that presently they are getting irrigation facility from temporary (Kachha) water course, which is in existence on the so-called ring road at the site and the Gram Panchayat has decided to fulfil the need of the agriculturists by constructing a pacca water course at the site. It is also averred in the application that the temporary injunction granted in the suit has stalled ongoing construction of permanent water course at the site which is affecting the rights of the applicants to get irrigation facilities. With these averments, a prayer is made for impleading respondents-applicants as defendants in the suit as well as application for temporary injunction. The prayer made in the application is opposed by the petitioners by submitting reply.
(3.) Learned Court below, after hearing the rival submissions, by the order impugned, allowed the application of the respondents-applicants for being impleaded as party defendants to the suit.;