Ramesh Choudhary v. Chandeshwar Chowdhary And ORS

Patna High Court CWJC No.11788 of 2015 (2) dt.11-03-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11788 of 2015 ====================================================== Ramesh Choudhary .... .... Petitioner/s

Versus

Chandeshwar Chowdhary & Ors .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Alok Kumar Jha For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 11-03-2016 Heard the learned counsel for the petitioner. Perused the order passed by the Court below.

From perusal of the order dated 22.06.2015 passed in Execution Case No.2 of 1992 by Munsif, Sadar Sitamarhi, it appears that the Court below has considered all aspects of the matter and then passed a reasoned order and has rejected the application filed by the petitioner for stay of further proceeding in Execution Case No.2 of 1992.

Admittedly, still today, the petitioner has not filed application under Order IX Rule 13 C.P.C. and, therefore, the matter raised by the petitioner could not have been examined by the Executing Court and has, therefore, rightly rejected the application.

Thus, I find no reason to interfere with the impugned order. Accordingly, this writ application is dismissed. Saurabh/- (Mungeshwar Sahoo, J) U T