JUDGMENT :

The present C.M.P has been filed for quashing the order dated 05.04.2022 passed by the Civil Judge (Sr. Division) No.1, Gumla in Misc. Civil Application No. 10/2022 (in connection with Execution Case No. 1 of 1999) whereby the application filed by the petitioner under Order XXI Rule 97 of CPC has been rejected.

2. Learned counsel for the petitioner submits that the land appertaining to Khata No. 07, R.S Plot No. 643, measuring an area of 1.13 Acres and Khata No. 8, R.S Plot No. 644, measuring an area of 0.24 Acre, Village-Chetar, P.S & District-Gumla were originally recorded in the name of Indru Singh, Chandru Singh and Chamra Singh. Indru Singh had leased out his part of share measuring an area of 0.28 Acre out of 1.13 Acres appertaining to R. S. Plot No. 643, Khata No. 07 in favour of Motilal Kesri on 15.03.1961 for a period of 99 years and thereafter Manmohan Keshri, son of Motilal Kesri had sub-leased 0.26 Acre out of 0.28 Acre of the said land to the petitioner’s father on 15.05.1991. Since then, the petitioner’s father and after his death, the petitioner is running a garage over the leased property. On 01.11.2021, few persons came to the garage of the petitioner and