MAHFOOZ ALI KHAN Vs. ADDITIONAL DISTRICT JUDGE RAMPUR

JUDGEMENT

(1.) THIS is a petition under Article 226 of, the Constitution of India. Maqsood Ali Khan filed suit No. 496 of 1974 for a redemption against the Respondents No. 9 to 14. Petitioners are the heirs of Maqsood Ali Khan. This suit was decreed on 16 -12 -1975. When the decree was put in execution, Respondents No. 3 to 8 filed suit No. 158 of 1976 for injunction restraining Maqsood AH Khan from taking possession of the property in dispute on the ground that the Respondents No. 3 to 8 were not parties to the suit No. 496 of 1974 and that they have a right in the property in dispute. Respondents Nos. 3 to 8 are the children and wife of Amir Dullah Khan, Smt. Fahima Qamar Khan.

(2.) IN suit No. 158 of 1976, hereinafter referred to as the 1976 suit, the Respondents No. 3 to b made an application for a temporary injunction. This application was rejected on 28th July, 1976. - Thereafter Respondents No. 3 to 8 filed an appeal against the order' dated 28th July 1976 which was also dismissed.

(3.) WHILE the revision was pending, the Respondents No. 3 to 8 moved an application for impleadment in the suit. This application for impleadment was rejected on 25th February, 1977 by the trial court. The Respondents 3 to 8 then made another attempt to file an impleadment application. Ultimately, by an order dated 21 -11 -1977 the impleadment application was allowed by the trial court. This order dated 21 -11 -1977 was challenged by Maqsood Ali Khan before this Court. This Court by an order dated 11 -11 -80 set aside the order dated 21 -11 -1977. Against the order of the High Court dated 11 -11 -1980 the Respondents No. 3 to 8 filed a Special Leave petition before Hon'ble Supreme Court which was also dismissed on 16 -11 -1981. In the order the Supreme Court observed that any decree passed between the present parties to the litigation could not be binding or executable against the Petitioners. The ultimate effect of the order of Supreme Court was that the Respondents No. 3 to 8 were not permitted to be made parties in 1974 suit.