ORAL JUDGMENT

Date : 27-03-2024 Heard learned senior counsel for the petitioners and learned counsel for the respondents and I intend to dispose of the present civil miscellaneous petition at the stage of admission itself.

2. The present petition has been filed under Article 227 of the Constitution of India against the order dated 01.04.2017 passed by the learned Sub Judge III, Khagaria in Title Execution Suit No. 01 of 2012 by which the learned Court below has rejected the application dated 07.01.2017 filed by the petitioner for instituting a miscellaneous case and to decide the matter in accordance with law.

3. Learned senior counsel appearing on behalf of the petitioners submits that the petitioners filed an application under Order 21 Rule 97 read with 101 of the Code of Civil Procedure (in short ‘the Code’) in Title Execution Case No. 01 of 2012 with prayer to add them as intervenor and further to stay the proceeding of Execution Case No. 01 of 2012 till final decision over the petitioner’s application dated 18.01.2014.

4. The said Title Execution Case No. 01 of 2012 has been filed for execution of judgment and decree in Civil Appeal No. 212 of 2006 passed by the learned Additiona