ORDER

1. This miscellaneous petition has been preferred by the petitioner under Article 227 of the Constitution of India being aggrieved by the impugned order dated 11.03.2025, passed by First Civil Judge Kanist Khand to the Court of Second ASJ, Mandsaur, in case No. EXA/4/21.

2.The brief facts of the case are that Kailashbai in the name of deceased Suganbai presented an application Order 21 Rule 11 (2) and Section 151 CPC against the petitioner against which, one of the petitioners raised objection. On which, without taking any investigation or evidence, impugned order dated 11.3.2025 was passed against the petitioner.

3. Learned counsel for the petitioner submitted that an application in the name of the respondent deceased Suganbai was Signature Not Verified filed before the subordinate court under Order 21 Rule 11(2) and Section 151 CrPC. In that case, the petitioner has submitted an objection to the subordinate court with regard to the death of Suganbai, which is actually occurred and a fake woman Kailashbai is conducting fraudulent proceedings in the name of Suganbai. The petitioner along with his objection submitted the death certificate. The death certificate of respondent Suganbai is from Gram Panchayat Jogikheda, in which it is stated that Suganbai had died about 20-25 years ago. On these ground, counsel for the petitioner prays for setting aside the order dated 11.3.2025 (Annexure P-1).

4. Heard learned counsel for the petitioner and perused the record.

5. The petitioner has not raised any objection during trial of the case with regard to the said Kailash Bai representing herself as Suganbai. Actually, the case has been fixed for the execution of decree before the Executing Court and the judgment debtor has filed such type of objection without any reason. In this case on behalf of the judgment debtor, written statement was filed before the Court of Civil Judge, Mandsaur wherein statements of judgment debtors were also recorded and judgement was passed against the judgment debtors. Further, an appeal was filed by the judgment debtor before the First Appellate Court, however, with regard to this objection, Signature Not Verified judgment deter has not raised any objection in above proceedings. The learned Trial Court has also graphically recorded findings after considering the Adhar Card and Samagra ID of the family and found that the Kailash Bai alias Suganbai is the same lady. In this regard, the learned Trial Court has considered the certificates of Gram Panchayat, Ratlam. As such the order of learned Trial Court is infallible in the eyes of law and facts and it is not suffering from any irregularity, illegality and impropriety, hence, the order of learned Trial Court does not warrant any interference as the the same has passed after proper appreciation of the evidence and record.

6. Accordingly, the petition being devoid of merits, stands dismissed.

(PREM NARAYAN SINGH)

JUDGE VD Signature Not Verified