Legal heirs can execute decrees on behalf of deceased predecessors under Section 146 CPC, despite not being original parties in prior proceedings.

JUDGMENT :

ALOK MATHUR, J.

1. Heard Sri Ajay Pratap Singh ands Sri M.E. Khan, learned counsel for petitioner as well as learned Standing Counsel on behalf of respondent Nos. 1 to 5 and Sri Mohan Singh, learned counsel for respondent Nos. 6 & 7.

2. It has been submitted by learned counsel for petitioner that a suit U/S 229B of U.P. Z.A. & L.R. Act was filed by Subhash Chandra Agarwal, the late father of the petitioner with regard to Gata No. 2630 area 10-4-0 situated at Village Badel, Paragana and Tehsil - Nawabganj, District Barabanki on 03.08.1977 and the said suit was allowed in favour of father of the petitioner by means of judgment and order dated 29.1.1979 by the Pargana Adhikari, Nawabganj, now the Sub-Divisional Officer, Nawabganj, Barabanki, it was directed that the name of Subash Chandra be recorded with regard to Gata No. 2630 in Village Badel, Paragana and Tehsil - Nawabganj, District Barabanki. Subsequent to the said judgment and order, the father of the petitioner was continued to be in occupation of the said land subsequent to which the petitioner claims to be in possession.

3. It has been submitted that the order dated 29.01.1979 could not be executed and therefore the name of the father of the petitioner could not be recorded in the revenue records. It has further been stated that subsequently one stranger to the proceedings, namely, Govind Prasad had moved an application for restoration of the order dated 29.01.1979 which was rejected on 02.11.2012 by the Sub-Divisional Officer. It has been submitted that Subhash Chandra died on 22.10.2018 leaving behind the petitioner as the sole legal heir.

4. It is the case of the petitioner that it is after the death of his father that he came to know about the order dated 29.01.1979 and then he moved an application for mutation of the aforesaid property and also approached this Court by filing a writ petition being Writ C No. 5009/2022 seeking a direction to the revenue authorities to implement the order dated 29.01.1979. This Court by means of order dated 08.08.2022 disposed of the same by passing following directions:

"This petition has been filed with a prayer to issue direction to the Sub- Divisional Officer and Tehsildar to implement the judgment and decree said to have been passed on 29.01.1979 by the Sub-Divisional Officer in a case under Section 229-B of the U.P. Zamindari Abolition and Land Reforms Act (Subhash Chandra Agarwal Vs. Gaon Sabha Barail).

If a declaratory decree has been passed by the Sub-Divisional Officer its execution can also be sought before the court which has passed the order. Accordingly, without entering into the claim of the petitioners this petition is finally disposed of with liberty to the petitioners to approach the Court which has passed the judgment and decree dated 29.01.1979 in a suit said to have been instituted under Section 229-B of the U.P. Zamindari Abolition and Land Reforms Act.

In case any such application seeking execution of the said decree is moved by the petitioners before the Sub-Divisional Officer, the same shall be considered and decided with expedition.

However, we make it amply clear and direct as well that the Sub- Divisional Officer while considering the application which may be moved by the petitioners under this order shall appropriately issue notices to the Bhumi Prabandhak Samiti of the Gram Panchayat concerned and shall also verify the authenticity of the judgment and decree dated 29.01.1979 passed by the Sub-Divisional Officer on the basis of which this petition has been filed.

The Sub-Divisional Officer shall also take into account as to whether after lapse