Surya Prakash Kesarwani, J. - (1.) Heard Sri Atul Dayal learned Senior Advocate, assisted by Sri Pratik J. Nagar, learned counsel for the decree-holder/plaintiff-landlord/ petitioner and Sri A. N. Bhargava, learned counsel for the respondent no.2/3rd person.
(2.) Briefly stated facts of the present case are that undisputedly the plaintiff-decree holder "Khasgi Devi Ahilyabai Holkar Charities Trust Indore is the owner and landlord of the disputed house No. D-18/16 Brahampuri, Ward Dashaswamedh, Varanasi. In a portion of the said house the respondent No.1 - Krishna Kumar Dwivedi was a tenant. In another portion of the said house the respondent no.2/3rd person was also a tenant. The plaintiff filed SCC Suit No.39 of 2009 (Khasgi Devi Ahilyabai Holkar Charities Trust Indore through Raja Singh, Manager Vs. Krishna Kumar Dwivedi) for eviction and recovery of arrears of agreed rent of Rs.350/- per month. The plaintiff also filed another SCC Suit No.04 of 2011 (Khasgi Devi Ahilyabai Holkar Charities Trust Indore through Manager Vs. Virendra Mishra) for eviction of the tenant Virendra Misra (the respondent no.2 herein) who was occupying another portion as tenant. The aforesaid S.C.C. Suit No.04 of 2011 filed by the plaintiff against the respondent no.2 is stated to be still pending. The aforesaid SCC Suit No.39 of 2009 filed by the plaintiff-decree holder/petitioner for eviction of the tenant - Krishna Kumar Dewidi, was decreed by judgment dated 24.07.2012, passed by the Additional Judge Small Cause Court, Varanasi. Subsequently, the plaintiff-decree holder/petitioner filed Execution Case No.3 of 2017 for Execution of the decree dated 24.07.2012 passed in the aforesaid SCC Suit No.39 of 2009 (Khasgi Devi Ahilyabai Holkar Charities Trust Indore Vs. Krishna Kumar Dwivedi).
(3.) In the aforesaid Execution Case No.3 of 2017, the respondent no.2/3rd person filed an application under Section 47 C.P.C. He filed another application under Order XXI Rule 97 C.P.C. being Misc. Case No.104 of 2019 (Virendra Mishra Vs. Khasgi Devi Ahilyabai Holkar Charities Trust) which was rejected by the Judge Small Cause Court, Varanasi, on the ground that it is not maintainable. Aggrieved with this order, the respondent no.2/3rd person filed SCC Revision No.17 of 2019 which has been admitted by the impugned order dated 19.08.2019, passed by the District Judge, Varanasi, and an interim order has also been passed. Aggrieved with the order of the District Judge, Varanasi, dated 19.08.2019 in the aforesaid SCC Revision No.17 of 2019, the plaintiff-decree holder/petitioner has filed the present petition under Article 227 of the Constitution of India.;