Ashok Kumar @ Ashok Gupta And ... vs Raj Kumari
2023 Latest Caselaw 15388 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Neutral Citation No. - 2023:AHC-LKO:33698
 
Court No. - 21
 

 
Case :- MATTERS UNDER ARTICLE 227 No. - 2483 of 2023
 

 
Petitioner :- Ashok Kumar @ Ashok Gupta And Another
 
Respondent :- Raj Kumari
 
Counsel for Petitioner :- Anil Kumar Srivastava,Ambrish Kumar Pandey,Manoj Kumar Singh,Sweta Swarankar
 

 
Hon'ble Manish Mathur,J.

Heard learned counsel for petitioners. In view of order being passed, notices to opposite parties stand dispensed with.

Petition under Article 227 of Constitution of India has been filed for setting aside order dated 14th March, 2023 passed in Misc. case No. 208 of 2019 which are in the nature of execution proceedings in which application preferred by petitioners under order 1 Rule 10 of the Code of Civil Procedure has been rejected.

Learned counsel for petitioners submits that initially one Suraj Deen who is the predecessor-in-interest of petitioners as well as the opposite party had filed proceedings under Section 21(1)(a) of U.P. Act No.13 of 1972 registered as Misc. Case No. 28 of 1982 which was allowed vide judgment and order dated 31st July, 1984. Appeal thereagainst was rejected and during pendency of writ petition No. 1088 of 1985 (R/C), original landlord passed away on 18th December, 2004. It is submitted that subsequently the aforesaid writ petition was dismissed on merits some time in the year 2005.

Learned counsel for petitioners submits that in pursuance thereof, the petitioner as well as the opposite party filed applications for execution under Section 23 of the Act of 1972. It is submitted that while opposite party was claiming succession from late Suraj Deen, petitioners were claiming heirship on the basis of registered will deed dated 27th March, 2004. It is submitted that in view of complications which would arise from separate execution applications being filed by alleged heirs of late Suraj Deen, petitioners filed the aforesaid application under order 1 Rule 10 of the Code of Civil Procedure which has been rejected by means of impugned order.

After arguing at some length, learned counsel for petitioners submits that liberty may be granted to the petitioners to file application for clubbing the execution cases filed by petitioners as well as the opposite party since both are claiming through the original land lord.

Considering aforesaid submissions advanced by learned counsel for petitioner and without interfering in the order impugned, liberty is granted to petitioners to file an application seeking clubbing of the case No.19 of 2021 filed under Section 23 of Rent Control Act.

In view of discussion made herein above, the petition stands disposed of.

Order Date :- 16.5.2023

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