Mahesh Chandra Tripathi, J. - (1.) Rejoinder Affidavit filed today be taken on record.
(2.) Petitioner is before this Court assailing the validity of order dated 25.07.2016 passed by the second respondent as well as the order dated 29.08.2017 passed by first respondent and further prayed to stay the execution proceeding that has been so initiated in Execution Case no.16/2014 (Ashok Kumar and others vs. Mustafa and others).
(3.) Brief matrix of the case is that for the property in dispute i.e. shop situated at Mohalla Gandhi Nagar (Alha Chauk), Qasba, Tehsil and District Mahoba the Original Suit no.22/1994 had been filed by late Jawahar Lal, father of third, fourth and fifth respondents for eviction of uncle of petitioner namely Abdullah, which was decreed vide judgement and order dated 05.04.2004. It appears that during the pendency of said suit, Jawahar Lal died and name of his heirs namely Ashok Kumar, Awnish Kumar and Anurag Kumar were substituted in the suit proceeding. Finally, the contesting respondents have filed Execution Application under Order XXI Rule 11 of the Code of Civil Procedure in the year 2014 bearing Execution Case no.16/2014. It appears that against the same petitioner has also filed his objection under Order XXI Rule 97 CPC on 09.01.2015 alongwith Stay Application, which was rejected on 25.07.2016 on the ground that petitioner could not demonstrate any source of title or any document exhibiting or entrusting any right to continue in possession over the property in dispute and the said order had also been assailed in Civil Revision no.21/2017. The same has also been turned down by learned District Judge, Mahoba vide order dated 29.08.2017 on the ground that petitioner is rank outsider and is not a party to the suit or to the execution proceeding and as such there was no infirmity or illegality in the order dated 25.07.2016 and being aggrieved with the aforesaid orders, petitioner is before this Court with the abovementioned prayer.;