KAMLA KUSHWAH Vs. RAKESH GUPTA

JUDGEMENT

(1.) This petition under Article 227 of the Constitution of India has been filed challenging the order dated 12.01.2018 passed by the 1 st Additional District Judge, Shivpuri in Execution Case No. 9A/03x08, by which the application filed by the petitioner under Order 26 Rule 9 of CPC has been rejected.

(2.) I.A. No. 2413/2018 has been filed by one Sovran Rawat seeking his impleadment as an intervenor on the ground that an agreement to sale has been executed by the petitioner in his favour on 23.03.2017 in respect of the said land, therefore, he is an interested person and he be also impleaded in the present petition.

(3.) This Court by order dated 05.02.2018 had initially stayed the further proceedings. Thereafter, on 09.03.2018 counsel for the petitioner had sought time for argument on the ground of non-availability of Shri K.B. Chaturvedi, senior counsel. The prayer for adjournment was vehemently opposed by Shri V.K. Bhardwaj, senior counsel on the ground that the award was passed in the year 2004 and it has not been executed so far. However, in the interest of justice, matter was adjourned and was directed to be listed on 22.03.2018. On 22.03.2018 again a prayer was made for adjournment by the petitioner, which was once again vehemently opposed by the respondent. However, in the interest of justice, one more opportunity was given to the petitioner and it was observed as under:-