NOOR HASAN Vs. UMMATUL NISHAN AND ORS.

JUDGEMENT

(1.) Heard Mr.Ratan Kant Sharma, learned counsel for the petitioner and Mr. Rakesh Kumar Srivastava, learned counsel for the opposite party no.2.

(2.) The petitioner has challenged the order dated 28.7.2007 passed by the Civil Judge, (Junior Division), Tanda, Ambedkarnagar in Misc. Case No. 18/2007, whereby the petitioners application 3Ka moved under Order 21 Rule 97 Code of Civil Procedure has been rejected as also the order dated 16.10.2007 passed by the District Judge, Ambedkarnagar in Civil Revision No. 64 of 2007 rejecting the revision against the order passed by the court below. Briefly the facts of the case are that the petitioners maternal grand mother Smt. Ummatul Nishan widow of Faizullah Khan entered into an agreement with Julekha Khatoon (opposite party no.2) on 30.12.1975 to sell out the house. When Smt. Ummatul Nishan did not perform the contract, opposite party no.2 filed a Regular Suit No. 305 of 1978 for specific performance of contract in the court of the Munsif, Akabarpur Faizabad. The said suit was decreed by means of judgment and decree dated 12.2.1980. Smt. Ummatul Nishan challenged the said judgment and decree by way of Civil Appeal No. 151 of 1980 before the District Judge, Faizabad. Learned Vth Additional District Judge, Faizabad dismissed the same on 30th Aug., 1983, against which Second Appeal No. 877 of 1983 was preferred by Smt. Ummatul Nishan before this court which too was dismissed on 21st March, 1997. In the meantime, opposite party no.2 filed Execution Case No. 9 of 1984 for execution of decree in which the petitioner appearing on behalf of Smt.Ummatul Nishan in the capacity of her Mukhatar filed an objection under Sec. 47 Civil Procedure Code claiming his title on the basis of notarized Will dated 21.8.1965 alleged to have been executed by his maternal grand father in his favour, which was rejected by means of order dated 9.4.2007, being aggrieved with which he preferred Civil Revision No. 65 of 2007, which too was dismissed by the District Judge, Ambedkarnagar on 16.2.2007.

(3.) The petitioner has also filed Regular Suit No. 402 of 2006 for permanent injunction regarding the same house claiming his right on the basis of same Will, which is still pending consideration before the court of Civil Jude (Senior Division), Ambedkarnagar. He also moved an application under Order 21 Rule 97 C.RC. in Execution Case No. 9 of 1984 which was registered as Misc Case No. 18 of 2007 to adjudicate upon his right on the same very basis, but the executing court rejected the same by means of order dated 28.7.2007 and the revision preferred against the said order has also dismissed by means of order dated 16.10.2007, which are impugned in the present writ petition.