CHANDRA SHEKHAR Vs. KEWAL KISHORE

JUDGEMENT

(1.) Heard learned counsel for the petitioners and Sri Pankaj Agarwal, learned counsel for the respondents.

(2.) The petitioners through the present petition under Article 227 of the Constitution of India have assailed the order dtd. 25/4/2018 passed by Judge Small Causes Court, Saharanpur in Execution Case No. 27 of 2002 (Kewal Kishore v. Atmaram and others) whereby learned judge has rejected the application No. 59-C of the petitioners in Execution Case No. 27 of 2002 by which the petitioner has sought the impleadment in Execution Case No. 27 of 2002 and the order dtd. 4/5/2018 passed in Misc. Civil Appeal No. -NIL of 2018 passed by District Judge, Saharanpur affirming the order of the trial court rejecting application No. 59-C of the petitioners.

(3.) The facts, in brief, are that respondent No. 1 Kewal Kishore instituted SCC Suit No. 64 of 1978 against respondent Nos. 2 to 7 for eviction from one shop on the grounds of default in payment of rent. The SCC Suit No. 64 of 1978 was decreed by the trial court vide judgment and decree dtd. 13/8/1993. The respondent Nos. 2 to 7 thereafter preferred SCC Revision No. 108 of 1993. The Revision was also dismissed by the revisional court vide judgment and decree dtd. 22/8/1994. The Apex Court by order dtd. 30/11/2000 in Special Leave Petition No. 16567 of 1992 affirmed the decision of the trial court dtd. 13/8/1993.