SHARDA SAHU SMT Vs. ADDITIONAL DISTRICT JUDGE

JUDGEMENT

(1.) This is a petition for issuing a writ in the nature of certiorari quashing the impugned judgment and orders as well as formal orders dated 8.5.2003 and 28,3.2003 passed by the opposite parties Nos. 1 and 2 as contained in Annexure Nos. 1, 2, 3 and 4 respectively to this writ petition and also for issuing a writ in the nature of mandamus directing the opposite parties Nos. 1 and 2 to decide the issue of jurisdiction by issuing Commission or obtaining report from the Munsairam prior to proceeding in Execution Case No, 32 of 1976 pending in the Court of the Civil Judge, Mohan Lalganj, Lucknow.

(2.) I have heard the learned Counsel for the petitioners and the learned Counsel for the opposite party No. 3.

(3.) Suit No. 363 of 1956 filed by Chandrika Prasad and others (plaintiffs) was decided in favour of Chandrika Prasad by passing a decree and an Appeal No. 53 of 1963 was filed which was heard and decided by the Civil Judge, Lucknow on 22.1,1964. Babu Lal, the father of the opposite party No. 3 filed execution application before the Civil Judge, Mohan Lalganj, Lucknow. This is Execution Case No. 32 of 1976 pending in the Court of the Civil Judge, Mohan Lalganj, Lucknow. The petitioner filed objection under Section 47 of the Code of Civil Procedure, which was registered as Misc. Case No. 31-C/81.