GANGA BAI Vs. SUBHASH CHANDRA MANGAL

JUDGEMENT

(1.) By invoking jurisdiction of this Court under Article 227 of the Constitution, the petitioner has challenged the order dated 01.10.2013 passed by the executing Court in case No. 32A/2004 Csx50A/2012. By this order, the application preferred by the petitioner under Section 47 read with section 151 C.P.C is rejected.

(2.) The brief facts necessary for adjudication of this matter are that the respondent preferred a civil suit No. 32A/2004 before Civil Judge Class-II, Jaura for eviction of the petitioner/tenant. Civil suit aforesaid, was allowed by the judgment and decree dated 24.10.2005. Feeling aggrieved by the judgment and decree, the present petitioner preferred an appeal before the lower appellate Court bearing case No. 5A/2011. The said appeal was disallowed. In other words, in civil appeal No. 5A/2011 the lower Appellate Court confirmed the judgment and decree of eviction dated 24.10.2005.

(3.) Criticizing this order, Shri Ankur Maheshwari, Advocate for the petitioner relied on (Mohammad Khan Vs. Ramgopal, 2013 1 MPWN 123). He submits that although in the application under Section 47 it is stated that the suit property belongs to Meena Sharma, this objection can be raised by the petitioner.