KANTA Vs. ARVIND TARE

JUDGEMENT

(1.) This revision under Section 115 of the Code of Civil Procedure, 1908 (in short 'the Code') has been filed assailing the order dated 21-1-2011 passed by the 10th Additional District Judge, Indore in Misc. Case No. 10/2010 whereby the application filed by the applicants under Order 7 Rule 11 of the Code was rejected.

(2.) The facts of the case are that the applicants decree-holders filed Civil Suit No. 26-A/2009 against the Municipal Corporation, Indore and State Government which was decreed on 18-3-2010. The said suit relates to plot bearing No. 119-A having boundaries in east A.B. Road, in West Janki Nagar Main Road, in North Plot No. 53 Annex Janki Nagar and in South Plot No. 118 Janki Nagar, Indore for declaration, to deliver vacant possession and to restrain them for interfering in construction. It was decreed in part with a direction to deliver the possession of the suit land to the plaintiffs. During pendency of the execution proceedings non-applicant No. 1 had filed an application under Order 21 Ruk! 97 read with Section 151 of the Code stating that he is the resident of Janki Nagar and also in occupation to use the public road situated at Plot No. 53 Annex and in between Plot No. 118-A. On coming to know the delivery of the possession of Plot No. 119-A to the applicants in terms of the judgment of the Court, he has filed the application and said that the land is in use of the people of the Colony Janki Nagar and against the lay out by the Town and Country Planning without authority under the law it has been converted into plot though it is a thoroughfare, however, on the basis of a decree of the said thoroughfare converting it into plots possession ought not be delivered without enquiry and furnishing opportunity of hearing. Objections in view of the provisions of Section 6 (2) of the Specific Relief Act have also been raised. It is also contended that Writ Petition No. 3431/2010 has been filed by one resident of said Janki Nagar wherein this Court has passed an order that the respondents shall not close the entry and exit to the public road situated in between Plot No. 53 Annex and 118-A at Janki Nagar, Indore. In view of the aforesaid prayer is made to allow the said application and an enquiry may be conducted in this regard after giving an opportunity of hearing to non-applicant No. 1.

(3.) On filing such application, reply has been filed by the applicants and thereafter an application under Order 7 Rule 11 of the Code has also been filed stating that the non-applicant No. 1 is neither decree-holder nor purchaser of the land, however, he is having no locus standi to file objection. It is further contended that the decree which was passed "by the Trial Court relates to Plot No. 119-A, to which he is not a interested person. In view of the aforesaid, prayer was made to dismiss the said application. Reply to the said application has also been filed by the non-applicant stating the fact that the decree has been passed of a public road which is not the Plot No. 119-A without furnishing an opportunity to them. It is also stated that if the Public Road of use of the residents is closed they are having right to raise objection. It is also contended that provisions of Order 7 Rule 11 of the Code are having no application and such application is not maintainable. It is further contended that the Plot No. 119-A Janki Nagar for which the decree has been granted is not a plot situated in Janki Nagar, Indore in the map sanctioned by the Town and Country Planning. In view of the aforesaid, prayer is made to reject the application.