Petitioner filed writ petitions seeking quashing of an order and impleadment in a civil suit contesting a mining lease held by his brother. Court examined if the brother’s impleadment was necessary for the collective relief sought.
Petitions disposed of; pending applications disposed of; impleadment of respondent brother not allowed at this stage.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
[2023:RJ-JD:35172]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Civil Writ Petition No. 1162/2022
Nathu Ram S/o Late Shri Mangi Lal @ Mangoo, Aged About 68 Years, By Caste Bawri, Resident Of Near Karni Mata Temple, Matabhar Road, Makrana, District Nagaur (Raj.)
----Petitioner
Versus
----Respondents
Connected With
S.B. Civil Writ Petition No. 1163/2022
Nathu Ram S/o Late Shri Mangi Lal @ Mangoo, Aged About 68 Years, By Caste Bawri, Resident Of Near Karni Mata Temple, Matabhar Road, Makrana, District Nagaur (Raj.)
----Petitioner
Versus
| [2023:RJ-JD:35172] Makrana. |
(2 of 4) [CW-1162/2022] ----Respondents |
|---|---|
| For Petitioner(s) | : Mr. Narendra Thanvi with Mr. Mahendra Thanvi |
| For Respondent(s) | : Mr. Digvijay Singh Jasol, A.G.C. Mr. Rajesh Joshi, Sr. Adv. assisted by Ms. Kamini Joshi. |
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
16/10/2023
“(i) quash the impugned order dated 06.01.2022 (Annexure-4) passed by the learned Senior Civil Judge, Makrana, District Nagaur in Civil Misc. Case No.11/2021; and
(ii) the impleadment application filed by the petitioner under Order 1 Rule 10 read with Section 151 CPC may be allowed with costs in toto; and
(iii) any other appropriate relief which this Hon’ble Court deems fit necessary in the fact and circumstances of the present case be granted in favour of the petitioner; and
(iv) Cost of the writ petition kindly ordered to be awarded to the petitioner.”
(3 of 4)
[2023:RJ-JD:35172]
[CW-1162/2022]
the petitioner deserves to be permitted to assist the Court as a party.
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¼l½ ;g gS fd [kpkZ eqdnek izfroknhx.k ls fnyok;k tkosA
¼n½ ;g gS fd vU; vuqrks"k oknh ds i{k esa mfpr gks Qjek;k tkosA”
3.1. They further submit that the prayer is only that the Mining Department be restrained from interfering in the mining process of the petitioner, until the petitioner is holding a valid mining lease.
[2023:RJ-JD:35172]
[CW-1162/2022]
dislodge the respondent brother from the mining lease, then it shall be open for him to contest his rights arising therefrom, which includes moving a fresh application for impleadment in the present suit as well and challenging any other proceeding or order which arises out of the same.
(DR. PUSHPENDRA SINGH BHATI), J.
44, 45 -Zeeshan
3 issues framed by the court
Whether a contest between brothers regarding a mining lease dispute necessitates the sibling’s impleadment as a party in a writ petition seeking injunctive relief.
Whether the petitioner qualifies for impleadment in a suit challenging a mining lease held by his brother.
Whether the petitioner is entitled to relief in a writ petition filed alongside an ongoing civil dispute over the same mining lease.
3 provisions across 2 enactments
NATHU RAM
RAM KARAN
STATE OF RAJASTHAN
PUSHPENDRA SINGH BHATI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
