ASHOK KUMAR Vs. PREM NARAIN AND OTHERS

JUDGEMENT

(1.) Heard Sri Awadhesh Prasad Pandey, learned counsel for the petitioner and perused the record.

(2.) This writ petition is directed against the order dated 07.05.2010 passed by Small Cause Court, Jhansi in Execution Case No. 15 of 2008. A suit filed by landlord-respondent as Small Cause Case No. 58 of 1984 seeking ejectment of petitioner from premises in dispute and recovery of arrears of rent/damages was decreed by Small Cause Court vide judgement dated 18.02.1993 and there against SCC Revision No. 40 of 1993 was allowed vide judgment dated 16.11.1995 on the ground that Small Cause Court has no jurisdiction in the matter and the plaint should be returned for presentation before competent Civil Judge for deciding the question of title between parties. The Revisional Court's order dated 16.11.1995 came to be challenged in Writ Petition No. 3174 of 1996 which was allowed vide judgment dated 27.03.2006 and Revisional Court's judgment was set aside and the matter was remanded to Revisional Court to decide afresh. Thereafter the Revisional Court vide judgment dated 22.01.2007 dismissed the revision and Trial Court's judgment decreeing suit stood confirmed. Both these orders came to be challenged in Writ Petition No. 20737 of 2007 which has been dismissed by the Court vide judgment dated 04.05.2007 and it is thereafter the execution has proceeded in the matter and the Executing Court has issued order of execution of judgment by impugned order.

(3.) Learned counsel for the petitioner could not point out any error apparent on the face of record in the impugned order warranting any interference under Art. 226 of the Constitution.