Most Badamiya Devi v. Chaitu Sahni And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Revision No.1554 of 2008 ====================================================== Most Badamiya Devi Wife of Late Shiv Jee Sahni, R/o Village and P.O. -Ojhaul, P.S.-Bahadurpur, District-Darbhanga. ... ...Substituted decree holder-Petitioner

Versus

1. Chaitu Sahni Son of Badri Sahni.

2.Doma Sahni minor son of Chaitu Sahni under the guardianship of his father, now he has become major.

Both are R/o village and P.O. -Ojhaul, P.S.-Bahadurpur, District-Darbhanga. .... .Defendant-Judgment Debtor-Opposite 1st Party. 3.Rajendra Sahni.

4.Batohi Sahni Both sons of late Bachkun Sahni.

5.Manoj Sahni Son of Late Shiv Jee Sahni.

All of village and P.O.-Ojhaul, P.S.-Bahadurpur, District-Darbhanga. ---Plaintiff--Decree Holder-Opposite 2nd party. ====================================================== Appearance :

(In Civil Revision No. 1554 of 2008) For the Petitioner/s :

Mr.Ram Bali Jha, Adv For the Respondent/s :

Mr.Vishwanath Prasad Sinha, Sr.Ard.

: Mr. Rajesh Kumar, Adv ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date : 24-01-2019 Heard learned counsel for the parties.

By the impugned order dated 03.07.2008 passed in Execution Case No.11 of 2001, the learned Munsif, Darbhanga has dismissed the execution petition as not maintainable for execution of a decree of permanent injunction. The learned Munsif found that the decree was passed in favour of the plaintiff who was found in possession of the suit land bearing Suit Plot No.347 area 14 dhur alongwith title over that. Hence, there was no need for execution of the aforesaid decree. I do not find any infirmity with the impugned order.

Patna High Court C.R. No.1554 of 2008 dt.24-01-2019 2/2 Accordingly, this civil revision application is dismissed. (Birendra Kumar, J) Nitesh/- AFR/NAFR NAFR CAV DATE NA Uploading Date 28.01.2019 Transmission Date NA