February, 2012, decreed the suit. Thereafter, the respondent No.1 herein, has filed Execution petition in Execution case No.1141 of 2012 before the trial Court. In the said proceedings, the Judgment Debtor/applicant filed an application, seeking recalling the attachment order issued by the trial Court. Perusal of the writ papers would indicate that the applicant/petitioner herein has filed Miscellaneous petition No.847 of 2015, challenging the judgment and decree passed by the trial Court in Original Suit No.3937 of 2011. Undisputably, the suit is filed for eviction and seeking arrears of rent. In that view of the matter, taking into account that the Execution petition is of the year 2012 and the applicant/petitioner herein is pursuing the matter before the Miscellaneous Petition No.847 of 2015, I am of the view that the finding recorded by the trial Court, rejecting the application filed by the applicant/petitioner herein is just and proper, which does not call for any interference under Article 227 of the Constitution of India. Accordingly, writ petition is dismissed as devoid of merits.
