1. The petitioner, by way of the present petition, under Article 227 of the Constitution of India has prayed for issuance of an appropriate writ/order/direction for quashing and setting aside the order dated 16th January, 2013 (Annexure-6), whereby the petition of the Judgment Debtor dated 11.06.2012 (Annexure-4) filed under Section 47 of the Code of Civil Procedure has been rejected at the time of admission.

2. Heard the learned counsel for the petitioner as well as respondent.

3. Perused the impugned order as well as other materials placed on record.

4. The learned counsel for the petitioner submitted that the application filed under Section 47 of the Code of Civil Procedure before the executing court was maintainable as the inherent jurisdiction for passing a decree was questioned by the petitioner. According to the learned counsel for the petitioner, the suit was filed under Section 11 (1) (e) of the Bihar Building (Lease, Rent and Eviction) Control Act and there is no provision for recovery of possession of fixture, fittings and furnitures, provided under Section 14 of the

Bihar Building (Lease, Rent and Eviction) Control Act and therefore, special procedure prescribed under