Neutral Citation No. - 2025:AHC-LKO:3374 Court No. - 7 Case :- WRIT - C No. - 351 of 2025 Petitioner :- Umesh Singh And Another Respondent :- Judge Small Cause Lko. And Another Counsel for Petitioner :- Surendra Kumar Dubey,Deepak Tewari,Swatantra Pratap Singh Counsel for Respondent :- Syed Asaghar Mehdi Hon'ble Pankaj Bhatia,J. 1. Short counter afÏdavit filed today on behalf of the respondent no. 2 is taken on record. 2. Heard learned counsel for the parties and perused the record. 3. The present petition has been filed by the petitioners challenging the order dated 09.10.2024 whereby the Executing Court i.e. JSCC has directed Amin to take possession by use of force. 4. The suit no. 29 of 2014 was passed by the respondent against the petitioner alleging that the petitioner was in possession of one room situate at third floor of the premises in question, which was in illegal occupation. The said suit was decreed by means of judgment dated 03.11.2015, wherein the petitioner was directed to vacate the room, which was the subject matter of the JSCC Suit, the said order has attained finality. 5. The submission of the counsel for the petitioner is that in pursuance to the said decree, which was confined to one room on the third floor of the premises in question, the entire premise which is under occupation of the petitioner is sought to be taken. 6. Considering the fact that the petitioner undertakes to vacate the one room situate on the third floor of the premises in question and the fact that the executing court cannot go behind the decree and cannot pass an order of execution more than what was decreed, the present petition is disposed of clarifying that in terms of the execution, the respondent would be at liberty to execute the decree confined to one room on the third floor of the premises in question. With regard to the other possession of the petitioner, the parties would be at liberty to litigate in accordance with law. 7. The counsel for the petitioner undertakes that he would vacate the one room on the third floor of the premises in question within a period of 15 days from today and hand over the keys to the respondents. In the failure of the petitioner to abide by the said undertaking, the respondent would be at liberty to initiate the proceedings of contempt. 8. It is once again clarified that the said undertaking is confined to one room on the third floor, for which, a JSCC Decree was passed in favour of the respondents. Order Date :- 20.1.2025 Arun Digitally signed by :- ARUN KUMAR High Court of Judicature at Allahabad, Lucknow Bench