Haldhar Singh @ Haldhar Prasad Singh And ANR v. Jeera Devi And ORS

Patna High Court CWJC No.2952 of 2016 (3) dt.25-07-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2952 of 2016 ====================================================== Haldhar Singh @ Haldhar Prasad Singh & Anr .... .... Petitioner/s

Versus

Jeera Devi & Ors .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Obaidur Rahman For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 25-07-2016 Heard the learned counsel, Mr. Dhirendra Nath Jha for the petitioners.

Perused the order dated 13.07.2012 passed by the learned Munsif I, Bhagalpur in Title Execution Case No.3 of 2011 whereby the Court below has dismissed the execution case on the ground that it is not maintainable as the plaintiff's suit was for declaration that the plaintiff has right of easement over the suit land mentioned in the plaint.

It appears that the learned Court below passed the order relying on the decision of the Supreme Court AIR 1998 Supreme Court 743 wherein the Hon'ble Supreme Court has held that "declaratory decree merely declares the right of the decree holder vis-à-vis the judgment debtor and does not in terms direct the judgment debtor to do or refrain from doing any particular act or thing."

Patna High Court CWJC No.2952 of 2016 (3) dt.25-07-2016 In view of the above settled proposition of law, I do not find any irregularity in the order passed by the Court below. Thus, this writ application is dismissed.

(Mungeshwar Sahoo, J) Saurabh/- U T