Mahesh Chandra Tripathi, J. - (1.) Heard Shri J. Nagar, learned Senior Advocate assisted by Shri Pratik J. Nagar for the plaintiff-petitioner and Shri Ajay Kumar Singh, learned counsel for the defendant-respondent no.4.
(2.) Present writ petition has been preferred under Article 227 of Constitution of India assailing the validity of the order impugned dated 26.5.2018 passed by the Judge, Small Causes Court, Varanasi, by which he has entertained the objection of the respondent no.4 under Order 21, Rule 97 of Code of Civil Procedure and stayed the proceeding of Execution Case No.16 of 2016 (Avantika Agro Services v. Chandra Bhan and another) till disposal of the aforesaid objection and for direction restraining the respondent no.1 from further proceeding with Misc. Case No.96 of 2018 (Sixth Sense Astro Gurukul v. Avantika Agro and others).
(3.) The petitioner claims to be the landlord of Premises No.1/13 Patni Tola, Varanasi. The respondent nos. 2 and 3 occupied a portion of the premises in question as tenant. When the respondent nos.2 and 3 committed defaults in payment of rent, the petitioner terminated the tenancy in question and filed a Suit No.18 of 2015 (Avantika Agro Services v. Chandra Bhan and another) for eviction. In the aforesaid suit, the respondent no.4 filed an impleadment application under Order 1, Rule 10 of CPC and the same was rejected by the Court concerned on 5.11.2015. The respondent nos.2 and 3 did not contest the suit and finally, the suit was decreed ex-parte by learned Judge, Small Causes Court, Varanasi on 19.5.2016. Thereafter, the respondent no.2 moved an application under Order 9, Rule 13 read with section 151 of CPC for setting aside the ex-parte judgement and decree dated 19.5.2016. The aforesaid application was rejected on 20.4.2018 for non-compliance of the provisions of Section 17 of Provincial Small Causes Courts Act, 1887. The petitioner filed the aforesaid execution case for executing the judgement and decree dated 19.5.2016. In the aforesaid execution case the respondent no.4 filed an objection under Order 21, Rule 97 of CPC for staying the proceeding of the execution case. By the impugned dated 26.5.2018 the Judge, Small Causes Court, Varanasi has entertained the aforesaid objection and stayed the proceeding of Execution Case No.16 of 2016, till disposal of the said objection.;