Court No. - 30
Case :- MATTERS UNDER ARTICLE 227 No. - 2717 of 2018 Petitioner :- Subhash Maini Respondent :- Civil Judge (Senior Division) Kairana, And 2 Others Counsel for Petitioner :- Pradeep Kumar Chaurasia Hon'ble Vivek Kumar Birla,J.
Heard learned counsel for the petitioner.
Supplemenatary affidavit filed today pursuant to the order dated 23.4.2018 is taken on record.
Present petition has been filed for setting aside the order dated 21.12.2017 passed by the Civil Judge (Senior Division) Kairana, Muzaffarnagar.
By the impugned order dated 21.12.2017, the application paper no. 137-Ga filed by the defendant-petitioner through its power of attorney for impleadment of Mohd. Rafi s/o Mohd. Safi, has been rejected on the ground that he is not necessary party to the execution proceedings as it is only to maintain peace, vide order dated 6.8.2009 passed by the S.D.M. the property was given in supurdgi of Mohd. Rafi.
Submission of learned counsel for the petitioner is that he is a necessary party. Learned counsel for the petitioner sought to argue on the merits of the case including the area and the correctness of the judgment of the trial court. He further submits that the status quo order passed by the S.D.M. in proceedings under Section 145 Cr.P.C. and status quo is operative. Apart from that he further submitted that the order dated 28.5.2016 is also under challenge before this Court.
Be that as it may, the application that has been rejected is only to implead the supurdgar in whose possession the property was given vide order dated 6.8.2009 to maintain peace between the parties and in the area and as such he is not a necessary party to the execution proceedings. There is no illegality in the order impugned herein.
Apart from that it is also clear that the suit was decreed against the defendant- petitioner herein and the first appeal as well as second appeal filed against the same were dismissed and decree has been affirmed by the Hon'ble Apex Court even.
In such view of the matter, I am not inclined to exercise my powers under Article 227 of the Constitution of India.
Present petition is accordingly dismissed.
Order Date :- 30.4.2018 Lalit Shukla