NAUSHAD KHAN Vs. SAVITRI DEVI

JUDGEMENT

(1.) The petitioner has filed this petition under Article 227 of the Constitution of India praying therein to set aside the order dtd. 22/5/2023 passed by the learned Civil Judge (Senior Division)-VI, Ramgarh in Misc. Civil Application No. 09 of 2023, arising out of Execution Case No. 81 of 2017, whereby the application filed under Order-XXI Rules 99 and 101 of the Code of Civil Procedure has been rejected.

(2.) I have heard the counsel for the parties and gone through the record.

(3.) One Savitri Devi filed a Title Suit No. 54 of 1996 against Lallu Khan. After the suit was decreed, the said Lallu Khan preferred an appeal, which was dismissed. To execute the decree, Savitri Devi preferred an execution case being Execution Case No. 81/2017. In the said execution case, this petitionerNaushad Khan, who happens to be brother of Lallu Khan (Judgment debtor) preferred an application under Order XXI Rules 99 and 101 of the Code of Civil Procedure claiming that the land in question which was decreed in favour of Savitri Devi and others was settled in favour of his grand-father namely Jahir Khan by virtue of Hukumnama. After the death of Jahir Khan, his only son Md. Khalil Khan inherited the property and started residing there. Khalil Khan partitioned the property along with other lands amongst his three sons, namely Naushad Khan (the petitioner), Sakil Khan and Lallu Khan (Judgment debtor). As per him, the suit property was allotted to the petitioner. He submits that the title suit, which was filed by Savitri Devi and others against Lallu Khan is a collusive suit and he was not aware of the suit. He was even not made a party in the suit though he was in possession of the property. Now, the decree is to be executed, the petitioner will thus be dispossessed for which, the application under Order XXI, Rules 99 and 101 C.P.C was filed.