Heard Mr. Sanjay Kumar Dwivedi, learned counsel for the petitioner and Mr. R. S. Mazumdar, learned counsel for the Respondent.

2. The petitioner, by this writ application, has prayed for quashing the order dated 28.03.2008, passed by the 02nd Munsif, Dhanbad in Execution Case No. 9 of 2003, whereby the petitioner’s prayer vide his petition dated-20.09.2007, for dismissal of the execution case, has been rejected.

3. Facts of the case in brief are that a suit was filed before the court below for mandatory injunction to restrain the defendants, therein, from interfering with the possession and occupation of the plaintiff from the suit lands.

4. The matter was contested by the defendants in the suit. The prayer for permanent injunction was allowed by the trial court in favour of the plaintiff and decree was accordingly passed.

Against the decree, the defendant/judgment debtor preferred an appeal. Upon contest, the appeal was dismissed.

Thereafter, the plaintiff/decree holder filed an Execution proceeding before the court below. Later, during the pendency of the proceedings, the purported obstructions for which the execution proceedings was initiated, having been withdrawn, the