- (1.) Certified copy of the order impugned dated 3.8.2010 filed by the Counsel for petitioner alongwith supplementary affidavit is taken on record. Heard Counsel for the petitioner and perused the record.
(2.) By the order impugned dated 3.8.2010 passed by Incharge District Judge, Jhansi, stay application filed by the petitioner in S.C.C. Revision No. 145 of 2010, has been rejected.
(3.) The shop in dispute was initially given on rent to Dr. K. Imdad Ali, who claimed to have handed over its possession to landlord Munshi Ram on 10.8.1988. It appears that landlord Munshi Ram filed S.C.C. Suit No. 3 of 1993 on 6.1.1993 against Dr. K. Imdad Ali for arrears of rent and eviction. The suit was decreed on 3.12.2005 in view of consent order dated 9.11.2005 passed in Writ Petition No. 45428 of 2004, Dr. K. Imdad Ali v. Munshi Ram. Consequently, execution case No. 4 of 2006 was filed by the landlord for execution of the decree passed in S.C.C. Suit No. 3 of 1993. It is at this stage that petitioner came into picture. According to him, on coming to know about the collusive decree passed in S.C.C. Suit No. 3 of 1993, that he moved an application under Order XXI, Rules 97 and 101 read with section 151, C.P.C. claiming himself to be the tenant of the shop in dispute and necessary party to be heard in the matter. The JSCC rejected the application filed by the petitioner vide its order dated 20.7.2010, against which S.C.C. Revision No. 145 of 2010 was preferred by the petitioner alongwith application for stay. Though the revision has been admitted, the application for stay therein has been rejected by the Revisional Court by the impugned order dated 3.8.2010, against which the present writ petition has been filed.;