ORDER :

(Pushpendra Singh Bhati, J.)

This writ petition has been preferred claiming the following reliefs:

"It is, therefore, most respectfully prayed on behalf of petitioner that the writ petition may kindly be allowed and:-

I- that the Order dated 27.04.2023 Ann.10 may kindly be quashed and set aside.

II- That the application of the petitioner Ann.7 may kindly be allowed with all consequential relief;

III- by an appropriate writ, order or direction the entire proceedings pending before the Rent Control Tribunal, Bikaner in Case No.195/2015 (81/2007) Virendra Singh & ors v. Devi Singh & Anr. may kindly be quashed being illegal with all consequential relief;

IV- Any other appropriate order or direction, which this Hon'ble Court considers just and proper in the facts and circumstances of this case, may kindly be passed in favour of the petitioner.

V- Costs of the writ petition may kindly be awarded to the petitioners."

2. Brief facts of the case, as placed before this Court by learned counsel for the petitioner, are that the petitioner instituted a suit for specific performance of the contract along with an application under Order 39 Rules 1 & 2 CPC before the Court of learned Additional District Judge, Fast Track No.3, Bikaner (in short, 'learned Court below') against one Smt. Madhuri Singh and other persons; wherein the learned Court below had passed an interim order dated 24.10.2007, directing the defendants therein that they shall not interfere with the possession of the petitioner, in regard to the property in question, and that, the property in question shall not be alienated, as it was not proved that the petitioner was an encroacher over the property in question. 2.1. Further, defendant-Smt. Madhuri Singh, during pendency of the aforementioned suit, however, sold the property in question to the respondents no. 1 to 4 herein. The said respondents, claiming themselves to be the landlord of the property in question, filed an application under Section 9 of the RAJASTHAN RENT CONTROL ACT , 2001 (hereinafter referred to as 'Act of 2001') against the respondent no.5-Devi Singh i.e. Tenant and the present petitioner, before the learned Rent Tribunal, Bikaner (in short, 'the learned Tribunal').

2.2. The petitioner and respondent no.5, however, in the aforementioned application under Section 9 of the Act of 2001, filed a reply and denied the landlord and tenant relationship as claimed by the respondent no.1 to 4.

2.3. The petitioner challenged the aforesaid proceedings pending before the learned Tribunal, by way of preferring S.B.C.W.P. No.4224/2023 before this Hon'ble Court; however, vide order dated 12.04.2023 passed by this Court, the same was dismissed as withdrawn with liberty to file fresh petition, if so required.

2.4. The petitioner had also filed an application before the learned Tribunal stating therein that the civil suit preferred by the petitioner was already sub-judice before the learned Court below, wherein the applicants (respondent no.1 to 4 herein) were the defendants, and that, the aforementioned interim order passed prior to filing of the application under Section 9 of the Act of 2001 was also in currency; it was thus prayed in the application preferred by the petitioner before the learned Tribunal that further proceedings in the said application under Section 9 of the Act of 2001 may be stayed.

2.4.1. The learned Tribunal however, vide the impugned order dated 27.04.2023 rejected the aforesaid application preferred by the petitioner, and kept the matter for final arguments on 03.05.2023.

2.5. Thus, aggrieved by the impugned order dated 27.04.2023 passed by the learned Tribunal, the present petition has been preferred by the petitioner claiming the afore-quoted reliefs.

3. Learned counsel for the petitioner submits that the after passing of the interim order dated 24.10.2007 by the learned Additional District Judge, Fast Track no.3, Bikaner, and the main suit itself is pending; thus, in view of the same, the