ASHKARA Vs. MOHAMMAD ANWAR

JUDGEMENT

(1.) Heard Sri M.A. Qadeer, Senior Advocate for the petitioner and Sri A.N. Bhargava, learned Counsel for the respondent. This writ petition has been filed challenging the validity of the order dated 11.5.2010 passed by the District Judge in S.C.C. Revision No. 78 of 2010 and the order dated 26.4.2010 passed by the Judge Small Causes Court, Jhansi. A further prayer has been made for a writ, order or direction in the nature of mandamus commanding the respondent not to evict the petitioner in execution case No. 13 of 2001 arising out of ex parte decree dated 30.4.2001 passed in S.C.C. Suit No. 6 of 2000 Mohd. Anwar v. Rasuley.

(2.) Aforesaid orders have been challenged on the ground that the Judge Small Causes Court has erred in law in rejecting the Misc. Application No. 33 of 2009 and application under section 5 of the Limitation Act filed by the petitioner.

(3.) The petitioner claims that late Rasuley was her father was tenant in the house Nos. 36 and 36/A situated at Purani Najhai, Jhansi, who died on 10.1.2001. Thereafter the petitioner succeeded in his interest and stayed in the house in dispute. In support of her case regarding death of Rasuley, on 10.1.2001 a copy of the death certificate has been appended as Annexure No. 1 to the writ petition.