- (1.) BINOD Kumar Roy and Onkareshwar Bhatt, JJ. The petitioner has come up with the prayer to issue a writ of prohibi tion prohibiting Respondent No. 1 for not executing the decree relating to 3, Stanley Road, Allahabad, against him.
(2.) THROUGH an amendment applica tion a further prayer is sought to be made for issuance of a writ, order or direction in the nature of certiorari quashing the judgment and decree dated 6-1-1999, judgment and order dated 22-4-1992 and order dated 9-11- 1992, as contained in Annexures 1, 2 and 4 of the affidavit accompanying the Amendment application. On the very threshold we told the learned Counsel for the petitioner Sri J. N. Sharma that in view of the categorical decision of the Supreme Court in Ghan Shyam Das Gupta v. Anant Kumar Sinha, AIR 1991 SC 2251, holding that a writ petition questioning executability of decree is not to be entertained on the ground that the Code of Civil Procedure contains elaborate and exhaustive provisions, he now states that since the petitioner has been evicted this writ peti tions has become infructuous and thereby shall not be pressed. For the reasons aforementioned this writ petition is dismissed as not main tainable.
(3.) THE office is directed to hand over a copy of this order to Sri P. K. Bisaria, learned Standing Counsel within two weeks for its information to the authority concerned. Petition dismissed. .;