Court No. - 18
Case :- MATTERS UNDER ARTICLE 227 No. - 4683 of 2018 Petitioner :- Smt. Rukshana Begum And 4 Others Respondent :- Ashma Begum And Another Counsel for Petitioner :- Vimlendu Tripathi
Hon'ble Mahesh Chandra Tripathi,J.
Plaintiffs-petitioners are before this Court assailing the order impugned dated 14.3.2018 passed by learned Civil Judge (Junior Division), Orai in Original Suit No. 131 of 2000 (Anis Vs. Ashma Begum and others) as well as the order dated 14.5.2018 passed by learned In-charge District Judge, Jalaun at Orai in Civil Revision No. Nil of 2018 (Misc. No. 271 of 2018).
The present matter was initially taken up by this Court on 17.7.2018 and the Court has proceeded to pass the following order:-
"Petitioners are before this Court assailing the validity of the impugned order dated 14.5.2018 passed by In-charge District Judge, Jalaun at Orai in Civil Revision No. Nil of 2018 (Misc. No. 271 of 2018) whereby the Revision has been rejected as not maintainable as well as the impugned order dated 14.3.2018 passed by Civil Judge (Junior Division), Orai in Original Suit No. 131 of 2000(Anis Vs. Ashma Begum and others) whereby the petitioner has been directed to implead Nagar Palika Orai and the State Government.
Issue notice to the defendants-respondents, returnable at an early date through RPAD as well as Dasti. Steps may be taken within three days.
Sri Bipin Bihari Pandey, learned Additional Chief Standing Counsel prays for and is accorded a week's time to obtain necessary instructions from the Nagar Palika Orai as well as the State Government in the matter.
Once the Court has accorded Sri Bipin Bihari Pandey to obtain instructions in the matter, Sri Vimlendu Tripathi, learned counsel for the plaintiffs-petitioners apprised to the Court that the defendant-respondent has moved an application under Order 7 Rule 11 C.P.C. before the court below in which the date is already fixed on 21.7.2018 and as such, the request has been made that till disposal of the present writ petition, no final order may be passed on the said application.
Put up as fresh on 25.7.2018.
Till the next date of listing, it is directed that the court below would proceed in the matter but no final order would be passed on the above-said application under Order 7 Rule 11 C.P.C. filed by the defendant-respondent without leave of the Court."
Subsequently, the matter was taken up on 25.7.2018 and 2.8.2018 and on the request of Shri B.B. Pandey, learned Additional Chief Standing Counsel, the matter was adjourned for obtaining necessary instructions in the matter.
Today, when the matter was taken up, Sri Bipin Bihari Pandey, learned Additional Chief Standing Counsel has placed detailed instructions dated 17.08.2018 sent by District Magistrate, Jalaun at Orai. The same is taken on record. A photocopy of the same is also handed over to Sri Vimlendu Tripathi, learned counsel for the petitioners.
It has been averred therein that the spot inspection has been done by the High Power Committee headed by Sub Divisional Magistrate, Orai and for persual, the report dated 20.08.2018 along with relevant revenue record are also appended alongwith the said instructions. On the basis of aforesaid report, it is categorically informed to this Court that the State respondents as well as Nagar Palika Parishad has no stake/claim over the suit property.
In this backdrop, learned counsel for the petitioner submits that the suit is pending since 2000 and the learned Trail Court has already accorded an interim order to the effect that parties shall maintain status quo on 30.09.2004 and the same is still effective. Eventually the said ex-parte interim order was also affirmed by the Trial Court by order dated 02.05.2013. He has informed to the Court that the defendant had also assailed the validity of the order dated 02.05.2013 by preferring Misc. Appeal no.20/2017 (Smt. Ashama Begum and another vs. Syed Anis Alam) and during the pendency of the said proceeding, the sole plaintiff-Syed Anis Alam died on 07.03.2016 and thereafter his heirs were impleaded in his place and consequently, the aforementioned appeal was dismissed by learned District Judge, Jalaun at Orai by order dated 24.01.2018 and the present suit is still pending at the stage of evidence. Meanwhile, the Trial Court has also made sincere effort for reconciliation and mediation in the matter but the same has failed. By the order impugned, the Trial Court has proceeded to direct the petitioner to implead Nagar Palika Parishad, Orai as well as State Government as party in the original suit. The same has also been assailed by the petitioner in the Civil Revision, which was later rejected by order impugned 14.03.2018 on the ground of maintainability. In this backdrop, he states that once accepted position is that there is abadi and the suit property belongs to individuals, then at the stage of evidence, the Nagar Palika Parishad as well as the State Government cannot be impleaded as party and as such, this Court should come to the rescue and reprieve of the petitioner.
In the facts and circumstances of the case, once categorical instructions have been sent by the District Magistrate alongwith report of High Power Committee and the same clearly proceeds to indicate that the State Government as well as the Nagar Palika Parishad has no stake in the matter, then at the stage of evidence, the Trial Court ought not to have asked the petitioner to implead the Nagar Palika Parishad as well as the State Government as a necessary party. Consequently, the order impugned dated 14.3.2018 as well as the revisional order dated 14.5.2018 are unsustainable and accordingly, the same are set aside. The matter is remitted back to the Trial Court to proceed and decide the same on the merit of the case and try to finalize the proceeding expeditiously without according any unnecessary adjournment to either of the parties, independently without being influenced by the orders passed by this Court or by the Revisional Court.
The writ petition is accordingly allowed.
Order Date :- 27.8.2018 A. Pandey