Neutral Citation No. - 2025:AHC:3359 Court No. - 4 Case :- MATTERS UNDER ARTICLE 227 No. - 36 of 2025 Petitioner :- Ghanshyam Jaiswal Respondent :- Malti Devi And 8 Others Counsel for Petitioner :- Mohd Sarwar Khan Hon'ble Ajit Kumar,J. Heard Sri Mohd. Sarwar Khan, learned counsel for the petitioner. By means of this petition filed under Article 227 of the Constitution, petitioner has challenged the order of Prescribed Authority dated 16.10.2024, whereby, his application seeking impleadment has come to be rejected and the said order having been affirmed in appeal. The appellate order is also under challenge. The main plank of the arguments advanced by learned counsel for the petitioner is that he is the co-sharer of the property and if the present respondent who has filed a release application against the tenant/ respondent and hence he becomes a necessary party. In the considered view of the Court, if there are co-owners and only one of the owners has filed a release application that is maintainable against the tenant and the other co sharer of the property can maintain a suit for partition, if he is so advised, and hence he would not be necessary party in a summary proceeding of release application filed under the provisions of the Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972. I do not find therefore, any manifest error in the order passed by the Prescribed Authority as well as of the court of appeal, however, leaving it open for the petitioner to seek partition qua property in question in appropriate civil proceedings, if he is so advised, this petition stands consigned to records. Order Date :- 8.1.2025 IrfanUddin Digitally signed by :- IRFAN UDDIN SIDDIKI High Court of Judicature at Allahabad Digitally signed by :- IRFAN UDDIN SIDDIKI High Court of Judicature at Allahabad