Zaibunnisha And ORS v. Smt. Naseema Khatoon

Patna High Court C.Misc. No.389 of 2018 (2) dt.02-04-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL MISCELLANEOUS JURISDICTION No.389 of 2018 ====================================================== Zaibunnisha & Ors .... .... Appellant/s

Versus

Smt. Naseema Khatoon .... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Abbas Haider For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 02-04-2018 Heard both sides.

The petitioner has filed this civil miscellaneous petition against the order dated 04.01.2018 passed in Execution Case No.1 of 2013 by which information given by the petitioner about the death of judgment debtor is rejected. The judgment holder filed suit for eviction of the suit premises against judgment debtor, Hussaini Bhai. The petitioner is a stranger to the suit. He filed petition giving information to the Court that the judgment debtor after locking the house went to Gujarat and died but the learned court below dismissed the petition that the same is filed with a view to linger the execution case. The petitioner has also fought the suit against the decree holder but he lost upto first appellate stage and now the second appeal is pending.

Patna High Court C.Misc. No.389 of 2018 (2) dt.02-04-2018 I do not find any reason to interfere with the impugned order. Accordingly, this civil miscellaneous petition is dismissed. Saurabh/- (Prabhat Kumar Jha, J) U