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Judgment
R.K. Merathia, J.—This writ petition has been filed for quashing the order dated 17.4.2010 passed by the learned 3rd Additional District Judge, Jamtara in Probate Case No. 1 of 2007, rejecting the petition filed on 30.3.2010 u/s 151 of the C.P.C. by the petitioner for not disturbing the possession of petitioner over the alleged Will property and for staying the operation of execution Case No. 16 of 2009.
It appears that respondent No. 1 Somnath Dhar filed an execution case; arising out of the decree passed in the Eviction Suit No. 1 of 2006 filed against father of petitioner. The said probate case was filed by the petitioner after the said eviction suit was filed claiming that the father of plaintiff-landlord - Somnath Dhar-Swadesh Ranjan granted Will in favour of petitioner, out of love and affection, though there is no relationship between Swadesh Ranjan and the petitioner.
It is admitted position that petitioner''s father Chitranjan Prasad Shrivastava lost up to second appeal filed in this Court. Apparently, the execution of eviction decree is being delayed by abusing the process of the law. The learned court below has rightly rejected petitioner''s prayer. No grounds are made out to interfere with the impugned order, under Article 227 of the Constitution of India.
The executing court is directed to get the eviction decree executed, immediately, by evicting the person(s) in occupation, subject to decision in Probate Case.
With these observations and directions, this writ petition is dismissed with a cost of Rs. 5,000/- to be deposited by the petitioner in the court below within two weeks.