SAJAL KUMAR JAUHARI AND ANOTHER Vs. CIVIL JUDGE(J.D.) WEST/PRESCRIBED AUTHORITY BALLIA AND 3 ORS.
LAWS(ALL)-2017-9-116
HIGH COURT OF ALLAHABAD
Decided on September 07,2017

Sajal Kumar Jauhari And Another Appellant
VERSUS
Civil Judge(J.D.) West/Prescribed Authority Ballia And 3 Ors. Respondents

JUDGEMENT

SURYA PRAKASH KESARWANI,J. - (1.) Heard Sri Rahul Agarwal, learned counsel for the Petitioners-Judgement Debtors and Smt. Rajni Ojha, learned counsel for the Respondents No. 2, 3 and 4 - Landlords - Decree Holders.
(2.) This petition under Article 227 of the Contitution of India has been filed praying for the following relief: "i. To issue a suitable order or direction to quash the impugned order dated 05.08.2017 passed by respondent No. 1 Civil Judge (Junior Division) West Prescribed Authority Ballia in P.A. Execution No.02 of 2016 (Ram Chandra Prasad and Ors v. Sri Shyam Das and ors) , (Annexure No.22 to this petition). (i) A. Issue a suitable, order or direction to quash the impugned order dated 10.08.2017 passed by respondent no.1 (Prescribed Authority/Civil Judge (Junior Division) West, Ballia) in P.A. Execution No.02 of 2016 (Ram Chandra Prasad and others v. Shyamdas and others) (Annexure No.23)." Facts of the Case
(3.) Briefly stated facts of the present case are that P.A. case No.53 of 2006, was filed by the Plaintiffs-Respondents/Decree Holders, namely, Sri Ram Chandra Prasad, Prabhunath Prasad and Sri Harinath Prasad impleading Sri Shyam Das and Sri Ghanshyam Das both sons of Late Sri Ganesh Prasad-the original tenant. After the death of Sri Ganesh Prasad, the tenancy was succeeded by the aforesaid Sri Shyam Das and Sri Ghanshyam Das. During pendency of the aforesaid P.A. case Sri Shyam Das died. He was substituted by his wife, Smt Lila Devi, sons Sri Sajal Kumar Jauhari and Sri Sri Raj Kumar Jauhari, and the daughters, Sucheta Devi and Sanyogita Gupta.;


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