S.U. Khan, J. - (1.) Heard petitioner in person and Sri Komal Mehrotra, learned Counsel for respondent No. 2 Suresh Chand Jain.
(2.) Through this writ petition the following prayer has been made : "To issue a direction, order or writ in the nature of certiorari, quashing the order dated 6.11.92 and all proceedings for delivery of possession, or demolition of the constructions till the decision of application under Section 47 CPC objections."
(3.) Respondent No. 2 Suresh Chand Jain filed suit for eviction against the petitioner and his brother Vijai Krisan Goswamy, respondent No. 3, claiming therein that plaintiff was landlord and defendants were tenants. Suit was decreed ex parte on 27.5.1985. Restoration application was rejected, which order was maintained by this Court as well as Supreme Court. Art undertaking to vacate within specified time was given by the tenants in the writ petition directed against order rejecting restoration application. Thereafter execution application was filed by respondent No. 2 being Execution Case No. 6 of 1987. Petitioner field objections under Section 47 CPC, which were registered as Miscellaneous Case No. 51 of 1992. In the said case under Section 47 CPC an application numbered as 12-Ga was filed by the petitioner, praying therein that until decision of objections under Section 47 CPC. Proceedings of Execution case No. 6 of 1987 might remain stayed. Said application was dismissed on 12.8.1992. The said order was challenged through writ petition. No Nil of 1992. This Court dismissed the writ petition in limine on 18.8.1992, a copy of the said judgment is Annexure '8' to the writ petition. However, it was observed that objections under Section 47 CPC. Might be decided expeditiously. Thereafter petitioner filed an application in Execution Case No. 6 of 1987 numbered as Application No. 116-Ga praying therein that before actual execution immovable property in dispute shall be ascertained. The said application was rejected on 6.11.1992 which order is under challenge in this writ petition.;