Heard Sri B. P. Nautiyal, Advocate for the petitioners and Sri Jitendra and Sri Munish Bhardwaj, Advocate for the respondents.

2. By the present writ petition the petitioners have prayed for a writ of certiorari quashing the order dated 28-10-2004 passed by the Civil Judge (Senior Division), Dehradun.

Factual Merits of the Case:

3. Briefly stated, a petition under section 21 (1) (a) of U. P. Act No. 13 of 1972 was filed by one Smt. Qayum Begam, the predecessor of the. peti tioners praying for the eviction of the respondent No. 2 from the premises known as first floor 43/3 Gandhi Road, KL Dehradun @ Rs. 50/- per month (sic ). The Prescribed Author ity vide order dated 29th July, 1995 passed the order of eviction. No ap peal was referred and the order dated 29th July, 1995 has become final. The petitioners have filed an applica tion for execution being Misc. Case No. 29 of 2004 on 9-9-2004 stating therein that the property having been released in their favour and, as such, the possession may be delivered un der section 23 of U. P. Act No. 13 of 1972.

4. A perusal of the record shows that no objections were filed by the respondent No. 2 in reply to the ap plication under Section 23 of

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