JUDGMENT

Challenge in this writ petition is to the orders passed by the Executing Court dated 15 April 2023 directing delivery of possession and rejection of objection raised by the petitioner under Section 47 of the Code of Civil Procedure, 1908.

2. It appears that respondent/decree holder filed Special Civil Suit No.1266 of 2006 before the Civil Court. The Trial Court by judgment and order dated 8 January 2008 passed decree of possession. The Civil Appeal No.126 of 2008 filed by the petitioner was dismissed by the Appellate Court on 16 December 2010.

3. This Court dismissed Second Appeal No.584 of 2012 arising out of Civil Appeal No.126 of 2008 on 27 January 2014.

4. The decree holder in the meantime filed Execution Petition bearing Regular Darkhast No.76 of 2011.

5. The petitioner on 1 April 2022 filed an application under Section 47 of the Code of Civil Procedure, 1908. The petitioner inter alia raised two objections: first, the suit as was filed was not maintainable in absence of relief of declaration; second objection is in relation to non joinder of necessary parties.

6. The Executing Court by impugned order rejected the application. Hence, the petitioner has filed present w