DINESH MEHTA, J. - (1.) Shorn of the unnecessary details, the facts relevant for the purpose of present writ petition within confines of the application under 1, Rule 10 of the Code, are that the plaintiff Al-Furkan Education Trust filed a suit for permanent and mandatory injunction, against the Municipal Corporation, Bikaner, to the effect that the defendant be restrained from interfering in the ongoing construction of the plaintiff.
(2.) During pendency of the aforesaid suit, the petitioners preferred an application dated 08.02.2017 under 1, Rule 10 of the Code of Civil Procedure, seeking their impleadment, indicating therein that they are residents of the same colony and want to stall the ensuing construction of the plaintiffs, as the same was being raised without permission from the Municipal Corporation. It was also stated in the application that the Madarsa in question could not be constructed on the land, which was residential in nature and situated on narrow road of 14 feet. Said application filed by the petitioners has been rejected by the Trial Court, vide order impugned dated 09.02.2017, with the observation that no right of the petitioners is being affected by the subject suit and as such, the petitioners can not force themselves in the suit filed by the plaintiff, as the plaintiff is 'dominus litis'.
(3.) Impugning the order dated 09.02.2017, Mr. D.D. Chitlangi, learned counsel for the petitioners, contended that the plaintiffs are illegally raising the construction, despite the fact that the Senior Town Planner has already rejected the construction permission sought by the plaintiffs; that the petitioner-applicants are residents of the same area and if the construction in question is allowed to be raised, it would adversely affect their rights; and that the defendants have connived with the plaintiffs.;