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Patna High CourtC.Misc./95/2021disposed

Lalandhari Singh @ Tubu Singh @ Ravi Shankar v. Lara Rai

2021-11-23Mr. Justice Nawneet Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL MISCELLANEOUS JURISDICTION No.95 of 2021 ====================================================== 1.

Lalandhari Singh @ Tubu Singh @ Ravi Shankar son of Late Sudarshan Singh resident of Village- Sahpur, P.S.- Danapur, District- Patna, at present residing at Mohalla- Choudhary Tola, P.S.- Sultanganj, District- Patna. 2.

Gopal Singh son of Late Sudarshan Singh resident of Village- Sahpur, P.S.- Danapur, District- Patna, at present residing at Mohalla- Choudhary Tola, P.S.- Sultanganj, District- Patna.

3.

Baban Singh son of Late Sudarshan Singh resident of Village- Sahpur, P.S.- Danapur, District- Patna, at present residing at Mohalla- Choudhary Tola, P.S.- Sultanganj, District- Patna.

4.

Raju Singh son of Late Sudarshan Singh resident of Village- Sahpur, P.S.- Danapur, District- Patna, at present residing at Mohalla- Choudhary Tola, P.S.- Sultanganj, District- Patna.

... ... Petitioner/s

Versus

1.

Lara Rai son of Late Ganga Rai, resident of Village- Dilip Chak, Daudpur, P.S.- Shahpur, District- Patna, at present residing at Village- Daudpur Sarkari Pani Tanki, P.O. Daudpur, P.S.- Shahpur, District- Patna. 2.

Tej Bali Rai son of Late Sri Chand Lal Rai, resident of Village- Dilip Chak, Daudpur, P.S.- Shahpur, District- Patna, at present residing at VillageDaudpur Sarkari Pani Tanki, P.O. Daudpur, P.S.- Shahpur, District- Patna. 3.

Ram Babu Rai son of Late Naseeb Lal Rai, resident of Village- Dilip Chak, Daudpur, P.S.- Shahpur, District- Patna, at present residing at VillageDaudpur Sarkari Pani Tanki, P.O. Daudpur, P.S.- Shahpur, District- Patna. 4.

Raghubansh Rai son of Late Palatan Rai, resident of Village- Dilip Chak, Daudpur, P.S.- Shahpur, District- Patna, at present residing at VillageDaudpur Sarkari Pani Tanki, P.O. Daudpur, P.S.- Shahpur, District- Patna. 5.

Shankar Rai son of Late Jugeshwar Rai, resident of Village- Dilip Chak, Daudpur, P.S.- Shahpur, District- Patna, at present residing at VillageDaudpur Sarkari Pani Tanki, P.O. Daudpur, P.S.- Shahpur, District- Patna. 6.

Bishwanath Rai son of Sri Kamaldhari Rai, resident of Village- Dilip Chak, Daudpur, P.S.- Shahpur, District- Patna, at present residing at VillageDaudpur Sarkari Pani Tanki, P.O. Daudpur, P.S.- Shahpur, District- Patna. 7.

Gyani Rai son of Sri Bahadur Rai resident of Village- Dilip Chak, Daudpur, P.S.- Shahpur, District- Patna, at present residing at Village- Daudpur Sarkari Pani Tanki, P.O. Daudpur, P.S.- Shahpur, District- Patna. 8.

Sri Kapil Rai son of Sri Mahendra Rai, resident of Village- Dilip Chak, Daudpur, P.S.- Shahpur, District- Patna, at present residing at VillageDaudpur Sarkari Pani Tanki, P.O. Daudpur, P.S.- Shahpur, District- Patna. 9.

Shankar Rai son of Sri Satya Narayan Rai, resident of Village- Dilip Chak, Daudpur, P.S.- Shahpur, District- Patna, at present residing at VillageDaudpur Sarkari Pani Tanki, P.O. Daudpur, P.S.- Shahpur, District- Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vijay Kumar For the Respondent/s :

Mr.

Patna High Court C.Misc. No.95 of 2021(2) dt.23-11-2021 2/2 ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 23-11-2021 Heard learned counsel for the petitioners.

The learned counsel for the petitioners has submitted that in Title Suit No. 43 of 2003 decree was passed on 06.02.2006 by the learned Sub-Judge-III, Danapur. Execution Case No. 03 of 2006 was filed on 26.05.2006, but still the decree has not been executed. The xerox copy of order sheets of Execution Case No. 03 of 2006 have been filed by the petitioners which shows that on 21.01.2012 the court below has directed the decree holder to furnish Nazir Kharch for execution of the decree. In compliance of the order, the decree holder has deposited the expenditure fee Rs.500/- on 21.04.2012, but still Dakhaldahani has not been given up till now. The order sheet shows that only routine order have been passed by the court below. The learned court below is directed to take all endeavours that the Dakhaldahani may be given within a period of two months. With the above observation/direction, this civil miscellaneous petition is being disposed of.

(Nawneet Kumar Pandey , J) Mahesh/- U