Rajeev Paswan And ORS v. Kishundeo Paswan And ORS

Patna High Court CWJC No.1273 of 2015 (3) dt.03-03-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1273 of 2015 ====================================================== Rajeev Paswan & Ors .... .... Petitioner/s

Versus

Kishundeo Paswan & Ors .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Suresh Kumar Ishwar For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 03-03-2016 Heard the learned counsel for the petitioners. The learned Munsif II, Begusarai by order dated 16.08.2014 rejected the application filed by the petitioners under Order 21 Rule 99, 101 C.P.C. in Execution Case No.9 of 2005 recording a finding that in fact, the petitioner is claiming the title through the grandfather and grandmother, who were party in the title suit, which has been decreed in favour of the plaintiff and against the grandfather and grandmother of the petitioner and the said decree is put in execution.

In view of the above factual position that the grandmother and grandmother were party in the suit, who are the judgment debtor in the suit, the court below has rightly rejected the application.

Patna High Court CWJC No.1273 of 2015 (3) dt.03-03-2016 Thus, this writ application is dismissed. If law permits, the petitioner may approach appropriate forum by initiating appropriate forum.

(Mungeshwar Sahoo, J) Saurabh/- U T