- (1.) Heard Sri S.C. Verma, learned counsel for the petitioners and Sri H.C. Singh, learned counsel for the respondent. Through this writ petition, the petitioners have prayed for issuing a writ of certiorari quashing the order dated 22.8.2012 passed by Civil Judge (Junior Division), Mainpuri in Misc. Case No. 94 of 2011 (Madhu Kumari and another v. Shekhar Bhadauria and another) and judgment and order dated 11.10.2013 passed by the District Judge, Mainpuri in SCC Revision No. 6 of 2012 (Madhu Kumari and another v. Shekhar Bhadauria and another).
(2.) Vide order dated 22.8.2012, the petitioners' application filed under Section 47 of the Code of Civil Procedure (in short 'CPC') has been rejected, whereas by the subsequent order dated 11.10.2013, the revision filed by the petitioners against the order dated 22.8.2012 has been dismissed by the learned District Judge, Mainpuri.
(3.) While assailing these orders, learned counsel for the petitioners contended that the impugned orders are unsustainable on the following grounds; (i) Because Suraj Pal, the father of the petitioners, died during the pendency of the suit and after his death, his few heirs were impleaded, but the petitioners were not impleaded, therefore, the orders passed in the suit and even thereafter, are nullity as against the petitioners; (ii) Because the revisional Court has wrongly observed that in case the petitioners are aggrieved by the decree of eviction, they have right to file a separate suit. In his submissions, under Section 47 of the CPC, fresh suit will not lie and the executing Court itself has every power in this regard.;