Presence of all affected parties is essential for effective adjudication in property disputes.

JUDGMENT :

ARCHANA PURI, J.

1. Challenge in the present revision petition is to the order dated 22.11.2017 passed by learned trial Court, whereby, an application under Order 1 Rule 10 CPC, filed by respondent No.2 (Hari Om), for impleadment as defendant No.2, was allowed.

2. The essential facts, to be noticed, are as follows:-

3. That, initially, the petitioners (plaintiffs before learned trial Court) had filed a suit for permanent injunction against respondent No.1 (defendant before learned trial Court), thereby, asserting that land comprising in Khewat No.1190/1195 min, Khata No.1635 min. Rect. & Killa No.175 (0- 8), situated within the area of village Rathdana, Tehsil and District Sonepat, has been wrongly shown as ‘Share-am’ in the revenue record and further, averred that in fact, it was left as rasta/khal for the well bearing Killa No.174, gair mumkin chah pukhta etc., as per jamabandi for the year 1971- 72. It is further averred that disputed Killa No.175(0-8), as detailed, was never used for any common purposes/rasta, since the time of consolidation. Even, the ancestors of the plaintiffs (petitioners) had left the rasta/gali for their personal holding Plot No.177/14, owned and possessed by the ancestors of the petitioners-plaintiffs and all the inhabitants of village, are using the same as rasta without any obstacle from any corner of any type.

4. Further, it is stated that defendant-respondent No.1 took undue advantage of the wrong revenue entries of the rasta, regarding Killa No.175, which has never been used as rasta, till date. Rather, it is asserted that for the last 35-36 years, pucca house of the petitioners-plaintiffs stands constructed. Naresh and Hari Om, sons of Shish Ram of village Rathdana, who are inimical to the petitioners-plaintiffs, had filed an application under Section 7 of the Punjab Village Common Lands Act (PVCL), on false and frivolous grounds, showing Rect. & Killa No.175 as rasta and that vest in the Gram Panchayat, for ejectment of the petitioners-plaintiffs, from the above suit property.

5. In fact, it was dismissed by Assistant Collector Ist Grade-cum-DRO, Sonepat, vide order dated 31.05.2007. An appeal was filed bearing No.90 of 2007, which was also dismissed by the Court of Collector, Sonepat, vide order dated 10.01.2008. Thereafter, said Naresh etc. had filed a writ petition before this Court and vide order dated 28.11.2011, this Court remanded the case to Assistant Collector Ist Grade, Sonepat, to decide the case afresh, in the light of documentary evidence, brought on record, as well as provisions of PVCL Act.

6. Also, it is asserted that after remand ACIG-cum-DRO, Sonepat, accepted the application under Section 7 of the PVCL Act, vide order dated 27.1.2015 and ordered ejectment of the petitioners-plaintiffs from the suit property vide order dated 08.06.2015, against which the petitioners- plaintiffs had filed an appeal in the Court of Collector, Sonepat vide case No.14/DC, which was dismissed on 20.10.2015, on the ground that due to Haryana Government Notification dated 06.07.2015, the suit property has been included in the Municipal Corporation, Sonepat and hence, the case, could not decided under the PVCL Act, 1961. It is asserted that this order is illegal, null and void.

7. Further, it is asserted that under the garb of order dated 20.10.2015, the defendant-respondent No.1, is threatening to demolish the house of the petitioners-plaintiffs, forcibly and illegally. Show cause notice to the petitioners-plaintiffs dated 18.11.2015 under Section 408 of the Haryana Municipal Corporation Act , 1994, was duly received. In this context, the injunction was sought to restrain Municipal Corporation, Sonepat, from demolishing the house of the petitioners-plaintiffs, as detailed in the relief clause.

8. Upon notice, Municipal Corporation had made appearance and filed reply, wherein, suffice to consider that Municipal Corporation also asserted about Killa No.175 (0-8) to be shown as rasta share-am, in t