- (1.) By way of the present writ petition, the petitioner has challenged the impugned order dated 31.07.2019, passed by learned Civil Judge No.2 (North), Udaipur (hereinafter referred to as the 'trial Court') whereby the petitioner's application dated 06.08.2016, filed under Order I Rule 10 of the Code of Civil Procedure has been rejected.
(2.) The facts relevant for the present purposes are that the respondents No.1 & 2 ? plaintiffs filed a suit for injunction against the Municipal Corporation, Udaipur interalia seeking injunction that they be restrained from interfering with the petitioner's possession.
(3.) The facts before the trial Court were that the plaintiffs were apprehending demolition exercise over the construction, they had raised over the public land. During pendency of the suit aforesaid, the petitioner filed an application seeking his impleadment, interalia contending that the plaintiffs' construction is just in front of his house and as a result of illegal encroachment raised by the plaintiffs, the width of the road has been reduced to 50 feet, which results in accident in front of his house and thus, he was a necessary party.;