Patna High CourtCWJC/22629/2012disposed

Nag Narayan Singh And ORS v. Chandrika Singh And ORS

2016-01-27Mr. Justice Aditya Kumar Trivedi2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.22629 of 2012 ======================================================

1. NAG NARAYAN SINGH S/O LATE BHIKHAR PRASAD SINGH @ RAMA PRASAD SINGH.

2. BINA DEVI WIFE OF NAG NARAYAN SINGH

3. SHANKAR SINGH

4. KANHAIYA SINGH BOTH SERIAL NO.3 AND 4 ARE SONS OF NAG NARAYAN SINGH ALL RESIDENT OF VILLAGE- KARSAHIA, P.O.- KARSAHIA, P.S.- DHAKA, DISTRICT- EAST CHAMPARAN.

.... .... PETITIONER/S

VERSUS

1. CHANDRIKA SINGH SON OF LATE BHIKHAR SINGH @ RAMA PRASAD SINGH

2. RAVI SHANKAR SINGH

3. MUKUND SINGH BOTH SERIAL NO.2 AND 3 ARE SONS OF CHANDRIKA SINGH ALL RESIDENT OF VILLAGE- KARSAHIA, P.O.- KARSAHIA, P.S.- DHAKA, DISTRICT- EAST CHAMPARAN.

4. MD. ILIYASH

5. MD. ABASS BOTH SERIAL NO.4 AND 5 ARE SONS OF MD. HANIF

6. BASIR AHMED

7. AKIR AHMED

8. NASIR AHMED ALL SERIAL NO.6 TO 8 ARE SONS OF SK. NAYEEM.

ALL RESIDENT OF VILLAGE- KARSAHIA, P.O.- KARSAHIA, P.S.- DHAKA, DISTRICT- EAST CHAMPARAN.

.... .... RESPONDENT/S ====================================================== Appearance:

For the Petitioner/s : Mr. Binod Kumar Singh For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 27-01-2016 Heard learned counsel for the petitioners.

The learned lower court should have considered that usufruct of a decree should be properly availed by the judgment holder. It happens to be an apathy that a suit of year 1998, having decreed followed with execution case no.105 of 2004 is still

Patna High Court CWJC No.22629 of 2012 (2) dt.27-01-2016 pending before Sub-Judge-VIIIth, East Champaran at Motihari. The learned lower court will see that aforesaid execution case is disposed of at an earliest more preferably, within nine months failing which the learned lower court will be answerable. The learned District & Sessions Judge, East Champaran at Motihari will keep proper surveillance over the above referred execution case so that it could be disposed of within the stipulated period. Office to communicate learned lower court as well as plea to the District & Sessions Judge, East Champaran at Motihari. With the aforesaid direction petition is disposed of. (Aditya Kumar Trivedi, J.) PN/- U