Petitianers HEGH COURT CF CHHATTE$GARH AT BHLASPUR Writ Petition (Art.227) No.21“ of 2069 Rajendra Kumar Vaishnav s/o later Sonu Das Vaishnav, aged about 4D years. Framed Kumar Vaishnav sic Late $onu Das Vaishnav, aged about 3O years, Bath Rio Chandi Chowk, Dewangan Mohalla, Takhatpur, DistrictrBiiaspur (CA3); Versus Chitra Lekha Devi Wio Lakhan Das Vaishnav, aged about 5O years, R/o" Bodtara, Tahsil Nawagarh, District Burg (ca) wio Bharat Das Vaishnav, aged abaut 55 years, R/c village Navin Bazar, Bemetara, District Durg (C.G.). Prabha Devi w/o Ashwani Vaishnav, aged about 40 years, Rlo Ashok' Nagar, (0.6.). Jogender Singh sic $ohan Singh, R/o near Medical Store, Bus Stand, Takhatpur, Tahsii Takhatpur, Disirici Bllaspur (C. (Writ Petition under Article 227 of the Constitution of indie) MreRenu Kochar, counsel fc'rtiie’petitionere. None present for respondents No.1 to 3. MrAvinash Mishra, counsel for respendent No.4. 1. m’#v A; " Respondents 1 . Ward No.11, Tahsil— Sushila Devi e). (SB: Hon’bie Mr. T.P. Shanna, J.) ORDER (3-1 1-201 1) Bilaapur, District Bilaspur . By this writ petition under Article 227 of the Constitution oi india the petitioners have chailenged the legality and propriety of the order dated 16.2.2009 passed by the Civil Judge Ciass—il, Takhatpur, in Execution Proceeding whereby the Court below has allowed the \ «ZA applicatiun med on behaif of respcndents N0.1 to 3, daughters of deceased Scnu for impieading them as decree-homer in evictien proceedmg against respondent Nc.4. . i have heard ieamed counsei for the parties, perused the order impugned and other documents fried on behalf of the petitioners; I . Learned counsel for the petitioners submits that oniy rival parties are competent to iiie appiication in terms of Section 47 ef the Code of Civil Procedure, therefore, application flied on behaif of respondents No.1 to 3 was not maintainable. . As per undisputed facts of the case, the petitionere and respondents No.1 to 3 are eons & daughters of deceased Sonu. Decree was executable in favour of the petitioners and respondents No.1 to 3 in accordance with Order 21 Ruie 16 of the Code of Civil Procedure. in these circumstances, by allowing the application tiied under Order 1 Rule to of the Code of Civil Procedure (by miequoting provisions) the Court beiow has not committed any illegaiity warranting interference in exercise of supervisory jurisdiction. Decree can be executed in favour of legai representatives of deceased Sonu and in case of any grievances the matter may be adjudicated before appropriate forum at the tnstanoe of the petitioners. . With the aforesaid observation, the writ petition stands disposed of. No order as to costs. . interim application stands disposed of. a; Sd/— T.P Shanna Judge -F.