Sibghat Ullah Khan, J. - (1.) In this case on 29.1.2013 following order was passed on the order sheet. "Heard Shri Zafar Nayer, learned Senior Advocate assisted by Shri Himanshu Mishra, learned counsel for the petitioner and Shri Manas Bhargava, learned counsel for the respondent no.1. Respondent no.2 is a formal party. Today a Supplementary affidavit has been filed by the learned counsel for the petitioner and Shri Manas Bhargava, learned counsel for respondent no.1 has filed typed copy of a judgment dated 16.7.2012 and copy of judgment of the Supreme Court. ORDER reserved. Put up for delivery of order on 1.2.2013. Until 1.2.2013 dis-possession shall not take place."
(2.) The dispute between petitioner and respondent no.1 revolves around a shop in tenancy occupation of respondent no.2 Rakesh Bajpai. Petitioner is transferee of part of a bigger accommodation from Smt. Bhagwan Dei through sale deed dated 16.9.1988. The remaining 1 portion of the bigger premises is in the ownership of respondent no.1 through Will from Smt. Bhagwan Dei. The precise dispute is as to whether the shop in dispute is included in the sold portion or not. In the shop in dispute respondent no.2 Rakesh Bajpai is the tenant since before 1988. Respondent no.1 had filed suit for eviction against respondent no.2 in the form of S.C.C. Suit No.90 of 2007. The suit was decreed. Revision filed against the said decree being Civil Revision No. 346 of 2012 Rakesh Bajpai v. Sangam Chaursiya was dismissed by this court on 16.7.2012. Thereafter Special Leave to Appeal (Civil) No.33820 of 2012 was filed before the Supreme Court which was dismissed on 23.11.2012 by the following order. "Heard Mr. Z.M. Naiyer, learned senior counsel for the petitioner. Special leave petition is dismissed."
(3.) Thereafter execution application in the form of Execution Case No.2 of 2012 was filed by respondent no.1 against respondent no.2.;