Shri Ram Janki Temple And Trust v. Savitri Devi And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2728 of 2014 ====================================================== Shri Ram Janki Temple & Trust .... .... Petitioner/s

Versus

Savitri Devi & Ors .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ravi Bhushan Prasad Sinha For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 07-01-2016 Heard learned counsel for the petitioner.

Petitioner has challenged the order dated 21.12.2013 passed by Munsif-IV, Chapra in Execution Case No.04 of 2004. The learned counsel for the petitioner submitted that by mistake some statements were made in the application before the executing court to the effect that a revision application has been filed before the High Court. In fact there is no such revision application was filed and only opinion was sought for from the High Court advocate but on that ground the court below has rejected the execution case. The learned counsel further submitted that the petitioner himself was doing pairvi in person but the court below has rejected the execution application on the ground that no vakalatnama has been filed.

In view of the aforesaid submission the petitioner is permitted to file a recall application before the executing court and

Patna High Court CWJC No.2728 of 2014 (2) dt.07-01-2016 if such application is filed, the court below shall examine and pass necessary order according to law.

With this observation, this writ application is hereby disposed of.

(Mungeshwar Sahoo, J) Harish/- U