M.N. Bhandari, J.

1. Aggrieved by the order dated 02.12.2008, this writ petition has been filed.

2. It is stated that an application under Order 1 Rule 10 of the Civil Procedure Code (for short the Civil Procedure Code) was filed by the petitioners for their impleadment in a pending suit filed by Shri Shankar Lal. The suit for specific performance was filed against Shri Bharat Singh, who is none else but petitioners' brother. The application was filed after showing their share in the property in dispute being ancestral property. The property was originally belonging to Late Shri Karan Singh and accordingly all the brothers are in possession of their portion, however, Shri Bharat Singh alone sold the property. In view of aforesaid, the application so moved by the petitioners should have been allowed more so when the petitioners' suit to claim their ¼th share in the property has been decreed by the revenue court, pending this writ petition, though at the time of passing the impugned order, matter was pending before the court and has been decided now by the order dated 25.05.2009. A copy thereof was produced before me during the course of arguments to strengthen the argument o