Ranju Devi v. The State Of Bihar And ORS

Patna High Court C.Misc. No.343 of 2017 (2) dt.23-02-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL MISCELLANEOUS JURISDICTION No.343 of 2017 ====================================================== Ranju Devi .... .... Petitioner/s

Versus

The State of Bihar & Ors .... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Sanjay Kumar Ojha For the Respondent/s : Mr. Rishi Raj Sinha-Sc19 ====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 23-02-2017 Heard the learned counsel for the petitioner and the learned counsel for the State.

The petitioner is challenging the order dated 10.01.2017 passed by learned Civil Judge(Sr. Div.) III, Patna in Execution Case No.5 of 2015.

This execution case arises out of eviction suit filed by the decree holder under the Bihar Building(Lease, Rent & Eviction) Control Act. After decree, the execution case has been filed for executing the decree against the judgment debtor. The petitioner is neither party to this eviction suit nor party in the execution case. This order under challenge is also not passed at the instance of the petitioner. He never approached the executing court asserting his claim.

Thus, in no case at the instance of the petitioner, the impugned order can be set aside as he is not party to the suit in

Patna High Court C.Misc. No.343 of 2017 (2) dt.23-02-2017 execution case.

Accordingly, this civil miscellaneous application is dismissed.

(Mungeshwar Sahoo, J) Saurabh/- U T