Order No. 11/Dated 31st March, 2022

The instant petition is under Article 227 of the Constitution of India for quashing order dated 20.10.2012 passed in Execution Case No. 8(A)/2000 by which the petition filed on behalf of original petitioner-judgment debtor dated 07.05.2012 under Section 151 of the Code of Civil Procedure, has been rejected.

2. The brief facts of the case as per the pleading made in the writ petition read as under:

One Moris Kujur had filed a suit for eviction of the suit property against the original petitioner being Eviction Title Suit No. 45 of 1997, which was decreed in favour of said Moris Kujur on 31.07.2000. Thereafter, said Moris Kujur filed an application for execution of said decree being Execution Case No. 8(A)/2000. However, appeal, arising out of the eviction suit being Title Appeal No. 48/2000 was dismissed vide order dated 03.08.2002 Subsequently, the said Moris Kujur died on 23.12.2002 and his wife predeceased him, leaving behind no son or daughter but number of relatives.

It is the case of the petitioner that the present respondent, without making the legal heirs of late Moris Kujur a party filed a Probate case, being Probate Case No. 65/2003 and on t