S.R.Singh, J. - (1.) Challenge in the instant petition is focussed on the order dated 13.8.1998 passed by Civil Judge (Sr. Division). Allahabad in Execution Case No. 3 of 1998, Mukesh Kumar Srivastava v. Anant Sahakari Avas Samiti and others, by which the learned Civil Judge (Senior Division), Allahabad rejected the petitioner's application for execution of an order of ad-interim injunction dated 22.1.1998 passed by the Arbitrator/ Executive Engineer U. P. Avas Evam Vikas Parishad in exercise of power under Section 71 (3) of the U. P. Cooperative Societies Act, 1965.
(2.) Briefly stated, the factual matrix of the case is that in a dispute between Mukesh Kumar Srivastava on one hand and Anant Sahakari Avas Samiti Ltd., through its Secretary--Sri Ravindra Nath, 39, Jawaharlal Road, Allahabad : Sarvasri Ravindra Nath and Radha Raman Pandey on the other, the Arbitrator by his order dated 22.1.1998 interdicted the defendants from making any construction on plot No. 18B George Town House No. 29, Amar Nath Jha Marg, Allahabad and also from alienating the same attached with a direction to maintain status quo in respect of the said property. This led the petitioner to move an application in the Court of Civil Judge (Sr. Division), Allahabad with the allegation that the injunction order aforestated was being flouted by the parties arrayed therein as opposite parties. The application came to be registered as Execution Case No. 3 of 1998. The prayer therein was that the District Magistrate, Allahabad and Senior Superintendent of Police, Allahabad be directed to enforce execution of the order of ad interim injunction dated 22.1.1998, and the parties be directed to observe in compliance the order of the Court. The application was attended with a further prayer that the parties arrayed as opposite parties to the application, be visited with penalties envisaged under law. It was alleged in the application that the order of injunction was sent to the concerned parties, but they did not stop the construction in manifestation of their disregard to the order of injunction, which was enforceable and executable at par with an order of civil court by virtue of Section 92 of the U. P. Co-operative Societies Act, 1965. The learned Civil Judge (Sr. Division), Allahabad by means of the order dated 18.7.1998, mandated the District Magistrate and the Senior Supdt, of Police, Allahabad to enforce the order of injunction passed by the Arbitrator and at the same time, restrained the opposite parties from making any construction over the property in dispute.
(3.) On 27.7.1998, an application/objection came to be moved by Dr. S. C. Gaur and Dr. Aruna Gaur attended with the prayer to recall the Parwana dated 18.7.1998 and hear the execution matters on merit. The text of the application was that the applicants namely, Dr. S. C. Gaur and Dr. Aruna Gaur, were not the parties in the proceedings before the Arbitrator and the execution proceedings were wrongly launched against them by having resort to manipulation and by practising fraud upon the Court. The execution application, it was further alleged, "was not maintainable under the law.";