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Patna High CourtC.Misc./312/2018dismissed

Bibi Majda v. Shree Shree Thakur Radha Krishna Jee Through Sebait Om Prakash Mishra And ORS

2022-07-20Mr. Justice Anil Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL MISCELLANEOUS JURISDICTION No.312 of 2018 ====================================================== Bibi Majda wife of Late Ganimat Hussain resident of Mohalla Nath Nagar, P.S. Post Nath Nagar District Bhagalpur.

... ... Petitioner/s

Versus

1.

Shree Shree Thakur Radha Krishna Jee Through Sebait Om Prakash Mishra and Ors son of Late Bhola Mohan Mishra 2.

Gyan Mohan Mishra son of late Bhola Mohan Mishra 3.

Ashok Mohan Mishra son of late Mohan Mishra 4.

Kishore Mohan Mishra son of late Mohan Mishra 5.

Anuj Mohan Mishra 6.

Benu Mohan Mishra 7.

Bhanu Mohan Mishra 8.

Nil Mohan Mishra 9.

Manoj Mohan Mishra 10.

Sanak Mohan Mishra All sons of late Naresh Mohan Mishra 11.

Manjul Mohan Mishra son of late Raj Mohan Mishra All residents of Abir Mishra Lane Champa Nagar, P.S. Nath Nagar, District Bhagalpur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bimlendu Shekher Thakur For the Respondent/s :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 20-07-2022 Heard learned counsel for the petitioner.

Petitioner is a judgment-debtor in an Execution Case filed by the decree-holder before Munsif-II, Bhagalpur in Title Execution Case No. 04/2008. A decree in Eviction Suit was passed on 08.05.1980. An appeal filed against the said decree was dismissed for default on 05.03.2002 and a restoration application filed thereto also got dismissed on 02.09.2006.

Patna High Court C.Misc. No.312 of 2018(2) dt.20-07-2022 2/2 Thereafter, landlord/plaintiff/respondent filed Title Execution Case No. 04/2008.

The petitioner is aggrieved by an order of delivery of possession issued by the learned executing court in the course of execution of the said decree.

I do not find any merit in this application having been filed by the judgment-debtor against the impugned order by which the delivery of possession has been issued for execution of the decree. Accordingly, the instant petition is rejected. (Anil Kumar Sinha, J) perwez U