SURYA PRAKASH KESARWANI,J. - (1.) Heard Shri Rajesh Dwivedi, learned counsel for the petitioner, Shri Surendra Kumar Chandra holding brief of Shri Santosh Kumar Kesarwani, learned counsel for the respondent no.2 and learned Standing Counsel for the State.
(2.) This petition under article 227 of the Constitution of India has been filed praying for the following relief: "(i) set-aside the impugned order dated 22.5.2018 (Annexure No. 13 to the petition) as well as order dated 29.04.2017 (Annexure No.7 to the petition) passed by Additional District Judge, Court No.42, Kanpur Nagar in Execution Case No.4 of 2016 in Original Suit No.630 of 1978 in Misc. Case No.23/74 of 2009 (Ashok Vidyarthi v. Shreya Vidyarthi) . (ii) A direction may also be issued to take possession of House No.7/89B Tilak Nagar, Kanpur in pursuance of order dated 22.05.2018 whereby parwana has been issued. (iii) Issue any suitable writ order or direction as this Hon'ble Court may deem fit and proper under the circumstances of the case. (iv) Award the cost of petition in favour of petitioner."
(3.) Learned counsel for the petitioner submits that a decree was passed in respect of house number 7/89 whereas execution is being done in respect of House No.7/89B. Therefore, the court below has committed a manifest error of law and facts to pass the impugned orders dated 29.4.2017 and 22.5.2018 in Execution Case No.04 of 2016 (Ashok Vidyarthi v. Shreya Vidyarthi) .;