GANESHILAL Vs. R.B. ATAL

JUDGEMENT

(1.) THIS is a petition under Art. 226 of the Constitution of India for the issue of a writ of 'certiorari' and prohibition. The facts alleged in the petition are briefly as follows:

(2.) MST . Saryoo non -petitioner No. 2 is prosecuting an execution petition before the opposite party No. 1 Mr. R. B. Atal who is working as Additional District Judge, Gwalior. The petitioner took an objection in the execution petition that the Additional District Judge, Gwalior, has no co -extensive powers with the District Judge and as such he has no jurisdiction to hear and decide the said execution petition. The Additional District Judge Mr. Kothasthane who heard the petition upheld the objection and transferred the execution petition to the District Judge, Gwalior on 20 -5 -1953.

(3.) ACCORDINGLY the petition is rejected.