JUDGMENT (CAV)

The instant petition has been filed by the petitioner under Articles 226 and 227 of the Constitution of India for quashing the order dated 05.07.2018 passed by the learned Munsif, Saharsa in Execution Case No. 2 of 2003 whereby and whereunder objection petition filed by the petitioner has been rejected by the learned executing court.

2. Briefly stated, the facts of the case are that one Ramkrishan Swarnkar, father of respondent nos. 1 and 2, executed a registered mortgage deed of conditional sale in favour of one Upendra Prasad Ambashth, husband of the petitioner on 11.08.1983. On 07.08.1986, the mortgagor Ramkrishan Swarnkar filed a petition under Section 83 of the Transfer of Property Act (hereinafter referred to as ‘the TP Act’) before the learned Munsif which was numbered as Misc. Case No. 08 of 1986. On 30.09.1986, the learned Munsif passed an order in Misc. Case No. 08/1986 that it was not possible to conduct hearing for eviction of mortgagee Upendra Prasad Ambashth. Thereafter, again on 01.10.1986, the mortgagor Ramkrishna Swarnkar filed a fresh petition under Section 83 of the TP Act against the mortgagee which was numbered as Misc. Case No.10/1986. In the sa