ORDER

Date : 21.12.2022 Heard Mr. M. Dutta, learned counsel for the petitioners.

By this petition under Article 227 of the Constitution of India, the petitioners have prayed for setting aside and quashing of the order, dated 16.12.2013, passed in Misc (J) Case No. 3/2011 by the learned Civil Judge, Lakhimpur.

Issue notice.

Steps be taken by registered A/D post as well as by usual process.

Mr. Dutta, learned counsel for the petitioners, has cited the judgments of the Hon’ble Supreme Court in the cases of (i) Brahmdeo Chaudhary -vs- Rishikesh Prasad Jaiswal and another, reported in AIR 1997 sc 856, (ii) T. Nagappa -vs- Y. R. Muralidhar, reported in AIR 2008 sc 2010 and (iii) Shreenath and another -vs- Rajesh and others, reported in AIR 1998 sc 1827.

A perusal of the impugned order shows that the petitioners filed a petition under Section 47 of the CPC, whereupon Misc.(J) Case was registered and wherein on filing an objection by the decree holder, it was stated that “the petitioners are strangers to the suit land and they are neither owners nor possessors of the suit land”.

List this matter after 5 (five) weeks.

Interim prayer will be considered after appearance of the respondents.

JUDGE

Compar