Bibi Akhtari Bano @ Akhtari Bano v. Sama Praveen And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
CIVIL MISCELLANEOUS JURISDICTION No.802 of 2017 =========================================================== Bibi Akhtari Bano @ Akhtari Bano wife of Md. Nasiruddin Resident of Village - Bharwara, P.S. Singhwara, District - Darbhanga at present residing at Mohalla - Imli Bazar, Maruf - Terhi Bazar, P.S. Town Laheriasarai, District - Darbhanga. .... .... Petitioner
Versus
1. Sama Praveen Wife of Nisar Ahmad Ansari Resident of Mohalla - Karamganj, P.O. & P.S. Laheriasarai, District - Darbhanga.
2. Bibi Razia Begum Wife of Shamim Ahmad Khan Resident of Mohalla - Maulaganj, P.O. & P.S. Laheriasarai, District - Darbhanga.
3. Md. Alimuddin Son of Md. Shahabuddin Resident of Mohalla - Rahamganj, P.S. Laheriasarai, Town & District - Darbhanga.
4. Md. Zaffar Alam Son of Haji Md. Isha Ansari
5. Bibi Makina Khatoon Wife of Haji Md. Isa Ansari Both residents of Mohalla - Karamganj, P.S. - Laheriasarai, District - Darbhanga. .... .... Respondents =========================================================== Appearance :
For the Appellant/s : Mr. Abinash Kumar, Adv. For the Respondent/s : Mr.
=========================================================== CORAM: HONOURABLE MR. JUSTICE V. NATH ORAL JUDGMENT Date: 13-07-2017 Heard Mr.Abinash Kumar, learned counsel appearing for the petitioner.
By the impugned order, the learned court below has directed for appointment of Magistrate and police force for effecting delivery of possession as prayed by the decree holder. It transpires from the submissions as well as from the records that by order dated 19.07.2016 passed in F.A.No.251/2005 filed by the present petitioners against the judgment and decree under execution the prayer for stay of the execution proceeding has been allowed with regard to the residential portion of
Patna High Court C.Misc. No.802 of 2017 dt.13-07-2017 the suit property but it has been specifically directed that the proceeding for execution of the decree with respect to the vacant land shall continue. It is also apparent that the said direction has been passed on the prayer of the petitioners and in presence of the respondents. While passing the impugned order, learned court below has taken into notice the aforesaid fact. As such, this Court does not find force in the submission on behalf of the petitioner that the vacant possession of the land is ingress and egress portion of the residential portion and therefore, the execution proceeding could not have continued even with regard to that extent. Such submission is definitely inconsistent with the order passed by this Court earlier as abovementioned.
This application, therefore, has got no merit and is, accordingly, dismissed. The interlocutory application also stands disposed of.
The dismissal of this appeal shall not preclude the petitioner to seek appropriate relief if any permissible in law. (V. Nath, J) Nitesh/- AFR/NAFR NAFR CAV DATE NA Uploading Date 29.07.2017 Transmission Date