BIBI HALIMA KHATUN Vs. MOSTT. MADINA KHATOON

JUDGEMENT

(1.) Heard Mr. Rai Saurabh Nath, the learned counsel for the petitioners.

(2.) This application under Article 227 of the Constitution of India has been filed assailing the order dated 14.02.2014 passed in Execution Case No. 01 of 2013 whereby the learned court below has rejected the petition dated 18.05.2013 and 26.07.2013. It appears from the impugned order that the executing court below where the execution of the eviction decree has been levied has found that a decree has been passed in T.S. No. 46 of 1992 against the present petitioners-decree holders determining the issue of title against them. There is no averment anywhere in the writ application denying the aforesaid fact even when the learned executing court below has proceeded to pass the impugned order mainly on the said basis. The absence of denial of the crucial fact in the impugned order supports the legality and propriety of the impugned order. There is also nothing on record to show that the execution proceeding has been terminated by dismissing the execution case as submitted by the learned counsel for the petitioner.

(3.) In view of the aforesaid facts, this Court is not inclined to interfere with the impugned order.