BHARAT MAHTO Vs. MAHESH JAISWAL

JUDGEMENT

(1.) Instant petition has been filed under Article 227 of the Constitution against the order dtd. 26/8/2016 passed by the Civil Judge, Sr. Division I, Deoghar in Miscellaneous Case No.30 of 2014 / 40 of 2014 arising out of Title Execution Case No.7 of 2010.

(2.) In T.L. Case No.15 of 1998 suo motu proceeding was drawn against the petitioner by Charge Officer, Tasdik camp Sarawan and order of eviction from his house was passed against the petitioner on 20/6/1998. The order of eviction was upheld by learned Commissioner, Santhal Pargana Division Dumka in Misc revenue case no.293/01-02 vide order dtd. 18/8/2008.

(3.) Respondents then filed Execution Case No.7/2010 before the Court of Sub-Judge-I, Deoghar for execution of order and delivery of possession of schedule property in the light of the order passed in T.L case no.15/98. Petitioner filed Misc Case no. 30 of 2014 u/s 47 of C.P.C. The objections were rejected by the impugned order hence the instant writ petition.