1. By invoking jurisdiction of this Court under Article 227 of the Constitution, the petitioner has challenged the order dated 1.10.2013 passed by the executing Court in case No.32A/2004 Csx50A/2012. By this order, the application preferred by the petitioner under section 47 read with section 151 CPC is rejected.

2. The brief facts necessary for adjudication of this matter are that the respondent preferred a civil suit No.32A/2004 before Civil Judge Class-II, Jaura for eviction of the petitioner/tenant. Civil suit aforesaid, was allowed by the judgment and decree dated 24.10.2005. Feeling aggrieved by the judgment and decree, the present petitioner preferred an appeal before the lower appellate Court bearing case No.5A/2011. The said appeal was disallowed. In other words, in civil appeal No.5A/2011 the lower Appellate Court confirmed the judgment and decree of eviction dated 24.10.2005. Petitioner/defendant then tested the judgment and decree by filing SANo.247/2012. The said SA was dismissed on 31.3.2013 by this Court. This Court granted three months time to appellants vacate the suit premises on the condition that they shall pay the rent regularly to the landlord. The petitio