SURYA PRAKASH KESARWANI,J. - (1.) Heard Sri Anil Kumar Sharma, Advocate holding brief of Sri Sarvesh Kumar Mishra, learned counsel for the petitioner.
(2.) This writ petition under Article 226 of the Contitution of India has been filed praying to quash the order dated 19.05.2017 in P.A. Misc. Case No. 03 of 2013 passed by the Prescribed Authority/Additional Chief Judicial Magistrate, Court No. 2, Etawah. By the impugned order, the application 33-C filed by the petitioner under section 47 of the Code of Civil Procedure in execution proceedings, has been rejected.
(3.) Learned counsel for the petitioner submits that the petitioner along with his brother Sri Raj Narain were partners of the Firm M/s. Ram Jivan Lal-Raj Kumar which was constituted in the year 1984 and was occupying the disputed house as tenant. The entire proceedings for eviction from the disputed house was initiated by the respondent no. 2 against his brother/partner alone and the petitioner was not impleaded in the rent case. Consequently, the decree of eviction passed in the rent case was not binding upon the petitioner, consequently, an objection under Section 47 C.P.C. was moved before the execution court which has been illegally rejected by the impugned order. No other submission has been made before this Court by the learned counsel for the petitioner despite being asked to make further submissions, if any.;