- (1.) Heard Sri Hari Om Singh, Counsel for petitioner and Sri Anurag Narain, learned Counsel appearing on behalf of contesting respondents. With the consent of learned Counsel for parties who are present today, the writ petition is heard at the admission stage. In brief the facts of the present case are that one Sri Prem Narain Mahendra filed a suit (registered as SCC Case No. 1 of 1996) for arrears of rent, damages and eviction in the Court of Judge, Small Causes (Sr. Div.), Gonda, allowed by judgment and decree dated 1.3.2001.
(2.) Aggrieved by the same, Civil Revision No. 65 of 2001 filed before this Court, dismissed vide order dated 3.3.2006 (Annexure-6) thereafter heirs of deceased/landlord instituted an execution proceedings for execution of decree dated 1.3.2001 passed in SCC Case No. 1 of 1996. Accordingly, Execution Case No. 2 of 2007 registered in the Court of Additional District Judge, Kheri.
(3.) In the said suit, objections filed by petitioner under section 47 read with section 151, C.P.C., as per version of the petitioner, the Court concerned who passed decree is vacant and without any application and order whatsoever, the matter transferred by District Judge to the Court of Special Judge, Lakhimpur Kheri for execution of the decree dated 1.3.2001.;