N.K.MEHROTRA, J. - (1.) THIS is a petition for issuing a writ in the nature of certiorari quashing the impugned judgment and orders as well as formal orders dated 8-5-2003 and 28-3-2003 passed by the Opposite Party Nos. 1 and 2 as contained in Annexures 1, 2, 3 and 4 respectively to this writ petition and also for issuing a writ in the nature of mandamus directing the Opposite Party Nos. 1 and 2 to decide the issue of jurisdiction by issuing commission or obtaining report from the Munsarim prior to proceeding in Execution Case No. 32 of 1976 pending in the Court of the Civil Judge, Mohan Lalganj, Lucknow.
(2.) I have heard the learned Counsel for the petitioners and the learned Counsel for the opposite party No. 3. Suit No. 363 of 1956 filed by Chandrika Prasad and others (plaintiffs) was decided in favour of Chandrika Prasad by passing a decree and an Appeal No. 53 of 1963 was filed which was heard and decided by the Civil Judge, Lucknow on 22-1-1964. Babu Lal, the father of the opposite party No. 3 filed execution application before the Civil Judge, Mohan Lalganj, Lucknow. This is Execution Case No. 32 of 1976 pending in the Court of Civil Judge, Mohan Lalganj, Lucknow. The petitioner filed objection under Section 47 of the Code of Civil Procedure, which was registered as Misc. Case No. 31-C of 1981.
(3.) THE main contention of the petitioner-objectors against the execution of the decree is that the suit was of the jurisdiction of Munsif South and the appeal was heard and disposed of by the Civil Judge, Lucknow, while the execution has been filed in the Court of the Civil Judge, Mohan Lalganj, Lucknow. The property in suit is situated in Kaiserbagh, Lucknow which comes within the jurisdiction of the Civil Judge, Lucknow and the Civil Judge, Mohan Lalganj, Lucknow has no jurisdiction to entertain the execution case. It was mandatory for the trial Court to issue commission or obtain report from the Munsarim regarding situation of the property to determine the jurisdiction of the Court. During the pendency of the objection, the petitioners moved an application for obtaining the Munsarim's report and for issuing the commission to decide as to whether the property is situated within the jurisdiction of the Civil Judge (Junior Division), South or Civil Judge (Junior Division), Mohan Lalganj, Lucknow. The petitioners moved application Nos. 176-C and 178-C. These applications are Annexures-9 and 10 to this petition. These applications were dismissed. The petitioners filed Revision Nos. 19 of 2003 and 28 of 2003 in the Court of the District Judge, Lucknow. The revisional Court dismissed both the revisions on 8- 5-2003 and held that there is no illegality in rejecting the applications by the Civil Judge. The contention of the petitioners is that the jurisdiction of different Court was settled by the Government Notification No. A-1104/VII-710-53, dated 12-4-1956 and the plea of jurisdiction can be raised in the objection under Section 47, C.P.C.;