GULNAR BEGUM Vs. DISTRICT JUDGE

JUDGEMENT

(1.) By way of this petition following reliefs were claimed:"(

(2.) From a perusal of record, it would appear that on 5.4.2004, an application of respondent under Section 151 read with Order XXI, Rule 99 C.P.C. was registered as Misc. Case No. 84 of 2004 before the District Judge on ground that they were illegally dispossessed. On 7th April 2004, petitioners filed a preliminary objection as to maintainability of any such application. The Incharge District Judge passed an order on 9.4.2004 registering a case as case No. 84 of 2004 without considering the petitioners' objection. The District. Judge heard case No. 84 of 2004 and fixed 7.4.2004 for judgment. On 28,4.2004, Abid Ali and another filed an application for impleadment on the ground that they were the tenants of the respondents and District Judge rejected their application. Transfer Application was also filed by respondents in June 2004 and proceedings before the District Judge, Aligarh were stayed on 4.6.2004. Shia Central Board of Wakf also filed writ petition No. 32184 of 2004 assailing the proceedings in Execution case No. 13 of 1984. The High Court dismissed that writ petition on 12,8.2004. Against the order-dated 9.4.2004 passed by Incharge District Judge registering a case, present writ petition has been filed.

(3.) Sri V.M. Zaidi, learned Counsel has filed an application for impleadment on behalf of Shia Wakf Board. On 5.8.2004, this Court passed an order directing parties to maintain status quo.