Abdul Moin, J. - (1.) Heard Sri Vimal Kumar, learned counsel for the petitioner and Sri Ashutosh Mishra, learned counsel appearing for the respondent.
(2.) The present petition, under Article 227 of the Constitution of India, has been filed praying for the following reliefs:- (i) The impugned order and formal order dated 23.11.2016 passed in R.C.A. No.129/2010 in re: Jamal Ahmad Khan vs. Smt. Shamim Jahan by Additional District Judge/Special Judge (P.C. Act) Court No.1, Lucknow rejecting application No.A-38 filed by the petitioner Under Order- 41 Rule 27 C.P.C. may kindly be set-aside and the application under order 41 Rule 27 may kindly be remanded for disposal according to law laid down in 2012(8) S.C.C. 148. (ii) That the further proceedings of R.C.A. No.129 of 2010 in re: Jamal Ahmad Khan Vs. Smt. Shamim Jahan pending before Additional District Judge/Special Judge (P.C. Act) Court No.1, Lucknow may kindly be stayed during the pendency of the petition. (iii) Any other relief deemed fit and proper may kindly be passed in favour of the petitioner to protect his legal rights. (iv) The cost of the petition may kindly be allowed in favour of the petitioner against the Opp. Party."
(3.) The case set forth by the petitioner is that a Regular Suit No.304 of 2006 In re: Smt. Shamim Jahan Vs. Jamal Ahmad Khan was filed for permanent injunction in respect of House No.450/128/22-T situate in Mohalla Muftiganj, Lucknow which was in the ownership and possession of the petitioner herein. After contest, the said suit was decreed by the learned Civil Judge (Senior Division), Mohanlalganj, Lucknow restraining the petitioner herein from entering in the said house vide judgment and order dated 31.8.2010. Being aggrieved with the said judgment and order, a Regular Civil Appeal No.129 of 2010 was filed by the petitioner herein challenging the decree of the trial Court.;