M/s Shreesainath (India) Private Limited vs Rita Biswas And Others

Sanjay Kumar Dwivedi, J

Vakalatnama has been filed on behalf of the O.P.Nos.1 and 3 as well as O.P.No.6 and 8.

In light of the order dated 07.05.2025, supplementary affidavit has been filed by the learned counsel appearing for the petitioner wherein at paragraph no.6 it has been stated that O.P.No.2 Bhagyashree Biswas has not appeared in execution case. O.P.No.4 Riya Biswas has not appeared in execution case and O.P.No.7 Narendra Kaur has also not appeared in the execution case after death through its legal representatives. The proceeding has been set ex-parte as against O.P. no.9 Fatima Begum and O.P.No.12 Gulab Mohammad has not appeared in the execution case.

By way of referring paragraph no.5 it has been disclosed that notice has not been received on behalf of the O.P.nos.2,4,5,7,9 and 10.

Learned counsel submits that she will file Vakalatnama on behalf of the O.P.No.11 by tomorrow.

Mr. Pati, the learned counsel will serve copy of the CMP along with the copy of I.A upon the learned counsel for the O.P.No.11 by tomorrow as well as upon Mr. Harshvardhan, the learned counsel by tomorrow.

It has been pointed out that the petitioner herein is the purchaser of the land in question from Sandhya Rani Biswas and a petition was filed by the petitioner for impleadment in the execution case which has been rejected by the learned court and that is under challenge in the present petition. He submits that in view of the purchase of the land in question by the petitioner it is the necessary party and to buttress his such argument, he relied in the case of Devendra Kumar Sarewgee and Others v. Purbanchal Estates (P) Ltd and Others reported in (2006) 9 SCC 199 and further in the case of Vaishno Devi Construction represented through sole proprietor (dead) through legal representatives and Another reported in (2022) 2 SCC 290. He submits that the learned court is proceeding in the execution case and the present CMP is pending and in view of that stay may kindly be allowed.

Learned counsel for the Opposite parties submit that they will file reply to the I.A meant for stay within a week.

Issue notice upon the Opposite party nos.2,4,5,7,9 and10 by registered post with A/d as well as under ordinary process for which requisites etc must be filed by 12.06.2025.

Let this matter appear on 15.07.2025.

Till the next date, status quo with regard to the property which is the subject matter of Execution Case No.23 of 2024 shall be maintained by the parties.