HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No.2327/2024 Girdhari S/o Kanhaiyalal, R/o Village Badharna, Tehsil Amer, District Jaipur. ----Petitioner Versus 1. Jagdish S/o Nathu, R/o Village Badharna, Tehsil Amer, District Jaipur. 2. Nanu S/o Nathu, (Deceased Through His Legal Heirs) 2/1. Mohani Devi W/o Late Shri Nanuram, Daughter In Law Late Shri Nathuram, R/o Village Badharna, Tehsil Amer, District Jaipur 2/2. Prahlad S/o Late Shri Nanuram, Grandson Of Late Shri Nathuram 2/3. Vinod Kumar S/o Late Shri Nanuram, Grandson Of Late Shri Nathuram 2/4. Mainka D/o Late Shri Nanuram, Granddaughter Of Late Shri Nathuram 3. Ravi Kumar Alias Pappu, S/o Late Shri Nathu 4. Kailash, S/o Late Shri Nathu 5. Ramjilal S/o Late Shri Nathu, All R/o Village Badharna, Tehsil Amer, District Jaipur 6. Ms. Parvati Devi Alias Janki Devi D/o Late Shri Nathu W/o Purushottam Sharma, R/o Village Morija, Tehsil Chomu, District Jaipur. 7. Ms. Ladi, W/o Late Shri Nathu 8. Ms. Mota Alias Rameshvari D/o Late Shri Nathu W/o Manakchand, R/o Village Badharna, Tehsil Amer, District Jaipur 9. Kaluram, S/o Late Shri Omprakash 10. Babulal, S/o Late Shri Omprakash 11. Bhagwan Sahay, S/o Late Shri Omprakash 12. Laxminarayan, S/o Late Shri Omprakash 13. Rajendra, S/o Late Shri Omprakash 14. Ramkishore, S/o Late Shri Omprakash 15. Suresh S/o Late Shri Omprakash, All R/o Village Badharna, Tehsil Amer, District Jaipur 16. Badami Devi D/o Late Shri Omprakash W/o Girdharilal, R/o Village Vimalpura, Tehsil Chomu, District Jaipur 17. Ramnarayan, S/o Late Shri Shyola S/o Shyonarayan 18. Kanhaiyalal, S/o Late Shri Shyola S/o Shyonarayan 19. Mohanlal, S/o Late Shri Shyola S/o Shyonarayan 20. Shravankumar, S/o Late Shri Shyola S/o Shyonarayan (2 of 4) [CW-2327/2024] 21. Shriram S/o Late Shri Shyola S/o Shyonarayan, All R/o Village Badharna, Tehsil Amer, District Jaipur 22. Smt. Prabhati Devi D/o Late Shri Shyola S/o Shyonarayan, W/o Gopal, R/o Village Sinwar, Tehsil And District Jaipur. 23. Smt. Nanchi D/o Late Shri Shyola S/o Shyonarayan, W/o Prabhu, R/o Sinwar, Tehsil And District Jaipur 24. Smt. Kamli D/o Late Shri Shyola S/o Shyonarayan, W/o Ramu, R/o Hardattpura, Tehsil Amer, District Jaipur. 25. Smt. Shanti Devi D/o Late Shri Shyola S/o Shyonarayan, W/o Ramswaroop, R/o Hardattpura, Tehsil Amer, District Jaipur. 26. Smt. Meera D/o Late Shri Shyola S/o Shyonarayan, W/o Dinesh, R/o Luniyawas, Tehsil Sanganer, District Ajmer 27. State Of Rajasthan, Through Tehsildar, Amer, District Jaipur ----Respondents For Petitioner(s) : Mr. Ashish Sharma Upadhyay Mr. Jaikishan Singh Mr. Anirudh Gupta JUSTICE ANOOP KUMAR DHAND Order 02/07/2025 1. Aggrieved by the order dated 04.10.2021 passed by the Sub-Divisional Officer, Jaipur City (South), the instant writ petition has been preferred before this Court. 2. By passing the impugned order dated 04.10.2021, the application submitted by the petitioner, for his impleadment as party, under Order 1 Rule 10 CPC, in a pending appeal, filed against the final decree, has been rejected. 3. Learned counsel for the petitioner submits that a preliminary decree was passed against the petitioner by the Sub-Divisional Officer against which the other side preferred an appeal before the Revenue Appellate Authority, however, the same was also rejected (3 of 4) [CW-2327/2024] and the appeal was submitted against the said order before the Board of Revenue. During pendency of the said appeal against preliminary decree, an application under Order 1 Rule 10 CPC was submitted by the petitioner for his impleadment as party in the array of cause title, however, the same was rejected on 19.03.2020. 4. Learned counsel for the petitioner submits that in the meantime, final decree was passed by the Sub-Divisional Officer, hence, an application was submitted for impleadment by the petitioner in the array of cause title by invoking power under Order 1 Rule 10 CPC, but the said application was rejected without entering into merits and but on technical count that in light of the order dated 19.03.2020 passed by the Board, the application was rejected. Learned counsel submits that an application for impleadment can be submitted by an aggrieved person at any stage of the proceedings, hence, interference of this Court is warranted. 5. Heard and considered the submissions made at Bar and perused the material available on the record. 6. Perusal of the record indicates that a preliminary decree was passed by the Sub-Divisional Officer in a suit filed by the other side wherein the petitioner was not party and appeals were submitted against the said decree before the RAA and the Board. During pendency of the appeal, an application was submitted by the petitioner for his impleadment under Order 1 Rule 10 CPC, however the said application was rejected by the Board vide order dated 19.03.2020 and the said order was not assailed by the petitioner before any appropriate forum of law, hence the same (4 of 4) [CW-2327/2024] has attained finality. In the meantime, final decree was passed and at this stage again an application was submitted by the petitioner for his impleadment as party by way of filing an application under Order 1 Rule 10 CPC, however, the same has been rejected by the Sub-Divisional Officer vide impugned order dated 04.10.2021 on the ground that his application has already been rejected by the Board vide impugned order dated 19.03.2020, while hearing the appeal filed against the preliminary decree. 7. This Court finds no error in the order passed by the Sub- Divisional Officer, as the order dated 19.03.2020 passed against the petitioner has attained finality since the same was not assailed before any appropriate forum of law. The Sub-Divisional Officer has also not committed any error in rejecting the successive application submitted by the petitioner. 8. This Court finds no merit and substance in this writ petition. Accordingly, the writ petition stands dismissed. 9. Stay application as well as all applications (pending, if any) also stand dismissed. (ANOOP KUMAR DHAND),J Karan/53