JUDGMENT Shree Chandrashekhar, J. – The instant application (I.A. No.597 of 2012) has been filed for substitution of legal heirs of the petitioner-Md. Jalil Mian who died on 23.06.2008 . In view of the statements made in the application, the substitution application is allowed. Let necessary correction be done during course of the day. I.A. No.597 of 2012 stands disposed of. W.P.(C) No.4020 of 2005 Service is complete. The substituted petitioners have appeared through their counsel. 2. Respondent no.5 has appeared through Mr. R.S. Singh, the learned counsel and the respondent-State is represented through Mr. Chandra Shekhar Singh, the learned State counsel. 3. The petitioner is aggrieved of order dated 10.09.2004 passed in Misc. Petition No.233 of 2004 by which a direction was issued by the Sub-Divisional Officer, Chatra for deputation of police force for executing the judgment dated 16.01.2003 passed in Partition Suit No.07 of 1989. 4. Without recording facts of the case in detail, suffice would be to record that the impugned order dated 10.09.2004 has been passed by the Sub-Divisional Officer, Chatra not in an execution proceeding levied for execution of judgment and decree in Partition Suit No.07 of 1989 but in an application filed by the respondent no.5 which was registered as Misc. petition No.233 of 2004. The impugned order dated 10.09.2004 passed in Misc. Petition No.233 of 2004 is without jurisdiction has been admitted in the counter-affidavit filed on behalf of the respondent-State. 5. In the above facts, the impugned order dated 10.09.2004 is set-aside. The writ petition stands allowed.