JUDGMENT :

1. Heard Sri Pankaj Agarwal, learned counsel for petitioner and Sri Anoop Trivedi, learned Senior Counsel assisted by Sri Ramesh Chandra Agrahari, learned counsel for respondents.

2. Present petition has been filed seeking following relief:-

“It is, therefore, most respectfully prayed that this Hon’ble Court may be pleased to call for the records of the court below and set aside the impugned order dated 10.04.2023 passed by Additional Judge Small Causes Court No. 2, Kanpur Nagar in Execution Case No. 02/23/2022 and allow the Execution Case No. 206/23/2022 and also allow the instant petition striking of the said execution in its full satisfaction in view of the fact that the tenant-respondent IInd Set had delivered possession to the petitioner in the capacity of the owner and landlord of the shop in question; and/or such other and further order be passed as is expedient in the interest of justice.”

3. Since, only legal question is involved in the present petition, therefore, with the consent of parties, without inviting for affidavits, petition is being decided at the admission stage itself.

4. Brief facts of this case are that Release Application dated 22.07.2008 has been fi