Sona Devi v. Akhilesh Singh

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19791 of 2013 ====================================================== Sona Devi W/O Late Tej Narayan Singh Resident Of Village- Karath, P.STarari, District- Bhojpur, At Present Residing At Sandesh, G.B. Apartment, R.N.G. Park, Near Sheo Mandir, Bhagvendrapur, Mumbai. .... .... Petitioner

Versus

Akhilesh Singh S/O Late Kamla Rai @ Kamla Singh Resident Of VillagePandey Dihari, P.O- Sakala Bazar, P.S- Karakat, (Gorari), Distt- Rohtas. .... .... Respondent ====================================================== Appearance :

For the Petitioner : Mr. Dhirendra Singh, Advocate For the Respondent : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 11-12-2017 This application has been filed to quash the order dated 06.06.2013 passed by Sub Judge-VII, Bhojpur at Ara in Execution Case No.03 of 2011.

2. Heard learned counsel for the petitioner and perused the impugned order.

3. It appears that the respondent had filed Execution Case No.03 of 2011 for delivery of possession. The respondent got delivery of possession through the process of the court and the court below confirmed the report of Advocate Commissioner and also the report showing delivery of possession to the respondent (decree holder).

4. The contention of learned counsel for the petitioner is that the court below has committed error in confirming the

Patna High Court CWJC No.19791 of 2013 (2) dt.11-12-2017 2/2 delivery of possession as an appeal bearing no.13 of 2013 before the court of Additional District Judge, FTC-5 and one Miscellaneous Case before the Munsif-Ist were pending for disposal with respect to the suit property. Since the delivery of possession has already been confirmed, I do not find any merit in his application.

5. Accordingly, this application is dismissed. (Sanjay Kumar, J) B.Kr./- U