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Allahabad High Court

Hon'ble Judge(s): Anjani Kumar Mishra , J

U.P. Revenue Code (8 of 2012) , S.134, S.116— Partition - Execution of decree - Petitioner making application for his impleadment in partition suit filed by respondent claiming to be interested person in property - Said application was allowed - But said order of impleadment was stayed in appeal - Suit for eviction against petitioners already pending on ground that they are unauthorized occupants - Sub Divisional Magistrate passing order executing decree of partition on administrative side without hearing petitioner, is illegal and arbitrary - Though petitioners are unauthorized occupants, they cannot be dispossessed forcibly in execution of decree for partition to which they are not parties - Order liable to be set aside. (Para 18 19 20)