U.P. AUTOMOBILES ASSOCIATION Vs. R.N. BHARGAVA

JUDGEMENT

(1.) This petition has been filed under Art. 227 of the Constitution of India for quashing proceedings of execution case no. 117 of 2012, pending before the court of Civil Judge (S.D.), Allahabad.

(2.) A perusal of the materials brought on record goes to show that original suit no.283 of 2009 was filed by Mr. R.N. Bhargava through power of attorney holder Mr. A.N. Bhargava, which has been decreed by the trial court on 22.10.2012, whereby defendant was directed to remove his possession from the premises in question and to handover the same to the plaintiff. This decree has been challenged by the petitioner by filing first appeal, which is pending.

(3.) Learned counsel for the parties agree that there is no interim protection granted by the appellate court in the first appeal. Pursuant to aforesaid decree, execution has been filed, which is registered as execution case no. 117 of 2012 and is proceeding. An objection under Sec. 47 C.P.C. in the said execution case has been filed by the petitioner, raising various grounds, which has been registered as Misc. Case No.69 of 1014. First paragraph of the objection is relevant and is reproduced:-