Patna High CourtC.R./47/2016dismissed

Sandeep Singh And ORS v. Satendra Kumar Shahi And ORS

2017-03-20Mr. Justice V. Nath2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Revision No.47 of 2016 ===========================================================

1. Sandeep Singh

2. Meena Singh

3. Kanak Singh All 1 to 3 are sons of Late Jitendra R/o Village- Ratanchak, P.S.- Hathuwa, District- Gopalganj.

.... .... Petitioners

Versus

1. Satendra Kumar Shah Son of Late Umraw Shahi R/o Mohalla- Jamnjalia, Ward No.18, P.S. and District- Gopalganj.

2. Jitendra Kumar Singh son of Jagdish Singh R/o Village- Sarva Kaparpura, P.S.- Mirganj, District- Gopalganj.

3. Brij Kishore Rai son of Late Mahadeo Rai R/o Village- Semrav, P.S.- Mirganj, District- Gopalganj.

.... .... Respondents =========================================================== Appearance :

For the Petitioner/s : Mr. Yogendra Prasad Sinha, Adv. For the Respondent/s : Mr.

=========================================================== CORAM: HONOURABLE MR. JUSTICE V. NATH ORAL JUDGMENT Date: 20-03-2017 Heard Mr.Yogendra Prasad Sinha, learned counsel appearing for the petitioners.

By the impugned order, the executing court while allowing the objection on behalf of the opposite party has held that the decree under execution was entirely illegal and not fit for execution and accordingly has dropped the proceeding for execution. Mr.Sinha, learned counsel appearing on behalf of the petitioners has not disputed the position that the decree under execution cannot be sustained in the eye of law. It has also been submitted that the award passed by the Lok Adalat is executable under

Patna High Court C.R. No.47 of 2016 dt.20-03-2017 the provisions of Section 22 of the Legal Services Authorities Act. In view of the aforesaid submission and after considering the facts and circumstances, this Court does not find that the learned court below has committed error of jurisdiction or material irregularity while passing the impugned order. The revision application is accordingly dismissed. Let a copy of the final decree as annexed with this revision application as Annexure-3, be sent to the Judicial Academy for needful.

(V. Nath, J) Nitesh/- U