1. This writ petition under Article 227 of the Constitution of India has been preferred before this Court on being aggrieved by the order dated 18.3.2010 passed by Fifth Additional District Judge, Gwalior (M.P.) in Civil Suit No.11-A/09 (Ramit Kumar Pathak v. Pawan Kumar, Ramit Kumar Pathak v. Pawan Kumar Pathak and others), whereby the application filed by the Intervener Ramkishan Dubey under Order 1 rule 10 of CPC with the aid of section 151 of CPC has been allowed by the Court below and the plaintiff-petitioner was directed to implead the intervener Ramkishan as respondent No.3 in the suit proceedings and the case was fixed for 26.3.2010 for filing written statement by the intervener.

2. It is pertinent to mention here that the proceedings of the trial Court are stand still because of the order of the stay passed by Division Bench of this Court on 9.11.2010.

3. The facts, necessary for adjudication of this petition are as under :

“A Civil Suit bearing No.11A/09 was instituted by the plaintiff-Ramit Kumar against his father-respondent No.1 Pawan Kumar Pathak s/o late Shri Heeralal Pathak and respondent No.2 Bank of Maharashtra for declaration of title and permanent injunction.