ORDER 1. This misc. petition has been preferred challenging the order dated 31.10.2022 (Annexure P/12) whereby learned Additional Commissioner, Bhopal, Division Bhopal has dismissed the application of the petitioner filed under Order 1 Rule 10 CPC dated 18.10.2022 (Annexure P-11) for his impleadment in the pending second appeal before the Additional Commissioner. 2. From the record it appears that firstly learned Naib Tahsildar vide its order dated 18.1.2022 (Annexure P/5) upon the objection raised by the present petitioner-Karma, dismissed the application for mutation filed by respondents 2-4 and thereafter for the reasons not known to the law, in the appeal filed before the SDO the petitioner was not made party, but upon getting knowledge the petitioner appeared before the SDO and in his presence the order dated 5.5.2022 (Annexure P/8) was passed by the SDO allowing the appeal filed by respondents 2-4, which later on vide order dated 19.09.2022 (Annexure P/9) was recalled, which has been challenged before the Additional Commissioner, Bhopal Division, Bhopal again without impleading the present petitioner as party to the litigation. 3. In my considered opinion in the light of decision of this Court in the case of Shanti (Smt.) and another v. Lakshman and others 2009(II) MPWN 23 , the present petitioner-Karma who was contesting the case before revenue courts below, is necessary party and deserves to be heard before passing any order by the Additional Commissioner, Bhopal Division, Bhopal, because in absence of his impleadment to the pending second appeal, the same cannot be said to be maintainable. 4. As such with a view to avoid any further controversy with regard to the aforesaid legal position, this misc. petition is allowed and disposed off, even without hearing the respondents 2-4, with the direction that the petitioner shall be impleaded as party respondent in the pending second appeal. With the aforesaid observations, this petition is allowed and disposed off.