- (1.) Heard learned counsel for the petitioner and perused the record.
(2.) This petition has been filed with the prayer to set aside the order dated 25.03.2016 and 16.08.2016 passed by the opposite parties no. 1 and 2 respectively.
(3.) Learned counsel for the petitioner has submitted that he is the owner of the plot measuring 832 sq. ft. situated at Maidan L.H. Khan, Kashmiri Mohalla, P.S. Sahadatganj, Lucknow by way of Will executed by his uncle on 20.12.1992, which is the part of large area measuring about more than 6000 sq.ft., belongs to Syed Riyaz Husain, who has sold out various plots to different persons, out of which one plot was sold to Rafi Zaidi and another plot was sold to Shahid Akhtar, who later on sold it to Parveen Rizvi who has filed the regular suit no.378 of 2002 for declaration and possession against Nawaboo Husain, the alleged licensee. After the death of Syed Riyaz Husain in the year 2004, the petitioner has perfected his rights over the property and the said suit no.378 of 2002 was decreed on 15.01.2015 and in the execution proceedings, the court amin along with the assistance reached the house of the petitioner for dispossessing him. It has also been submitted that the petitioner had filed the application under Order XXI Rule 97 CPC but the court below without adjudicating the rights of the parties, have rejected the said representation/application. It has also been submitted that the plaintiff of the suit had not mentioned the boundaries of her property.;