Ashok Singh vs Addl. District & Sess. Judge And 6 ...
2014 Latest Caselaw 4286 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 26
 

 
Case :- WRIT - C No. - 41493 of 2014
 

 
Petitioner :- Ashok Singh
 
Respondent :- Addl. District & Sess. Judge And 6 Ors.
 
Counsel for Petitioner :- Pradip Kumar
 

 
Hon'ble Abhinava Upadhya,J.

Respondent no.2 had filed a suit  against the husband of respondent no.3  for arrears of rent  and eviction being SCC Suit No. 23 of 1978. During the pendency of the aforesaid suit,  the husband of respondent no.3 died  and respondent no.3 was substituted. The suit ended in compromise being compromise decree dated 22.5.2001. The compromise was that the respondent no.2 will give up the arrears of rent and respondent no.3 will vacate the premises. The petitioner claims himself  to be the nephew of the husband of respondent no.3 and is claiming possession over the property in question for the last more than 50 years.

It is submitted that the petitioner was not party in the SCC suit  and was not aware of the proceedings. When he came to know of the aforesaid decree, he filed an application under Order 21 Rule 97 CPC upon which an order was passed on 24.11.2006 to allow the petitioner to plead his claim. Against the said order a revision was filed by respondent no.2 which has been allowed  and the order dated 24.11.2006  has been set aside. It is also submitted that the respondent no.2 is proceeding with the execution  and the petitioner will be evicted from the property in question.

The matter requires consideration.

Issue notice to the respondents returnable at an early date for which learned counsel for the petitioner will take steps within a week.

The respondents may file counter affidavit within one month.

List this case after the expiry of the aforesaid period.

Till the next date of listing, the  parties are directed to maintain sta tus quo so far as the suit property is concerned.

Order Date :- 11.8.2014

SKM