1. Journey of the judgment debtor/petitioner undertaken right from the first appellate Court till the Supreme Court to have the decree for eviction passed by the Trial Court against him on March 31, 1995 on a suit instituted in 1991 failed to yield any fruitful result. In the meanwhile, the decree-holder/opposite party put the decree into execution giving rise to Title Execution Case No.6 of 2002. After dismissal of the petition for special leave, the judgment-debtor/petitioner did not accept the decree with grace. His indomitable desire to continue to remain in possession of the suit property resulted in presentation of a petition under Section 47 of the Civil Procedure Code (hereafter the Code) dated July 29, 2006 before the executing Court, giving rise to Misc. Case No.27 of 2006. It was claimed therein that only on July 15, 2006, he came to learn that the decree-holder/opposite party was not the owner of the suit property; it was the State Government that owned the same. An order was thus prayed to declare the decree a nullity and thus not executable.

2. The decree-holder/opposite party filed his objection contending that the petition under Section 47 of the Code was