Arun Bhansali, J. - (1.) This writ petition has been filed by the petitioners aggrieved against order dated 23.01.2016 passed by the trial court, whereby, the application filed by the respondents under Order I, Rule 10 C.P.C. has been allowed.
(2.) The petitioners filed a suit for declaration regarding Mine No. 27 ad measuring 86.6x63 ft. claiming themselves to be the Bapidar and a direction against the Mining Department for issuance of licence under the Minor Mineral Concession Rules, 1986 ('MMCR'); the declaration was sought on the ground that a Bapi Patta issued in the year 1946 existed in the names of Gulam Suleman, Abdul Gaffur and Mohd. Ali and Mohd. Ali had agreed in the year 1986 to partition the mine in question into 27 and 27/1 and the mine 27 according to the petitioners fell in their share.
(3.) The respondents-applicants filed application for being impleaded as parties, inter alia, claiming that they were necessary parties to the suit as they are legal representatives of deceased Mohd. Ali; it was also contended that the claim made by the plaintiffs is baseless as they have no relation whatsoever qua the persons, who were holding the Bapi Patta and that the applicants were in possession of the mine in question.;