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Patna High CourtC.Misc./646/2022dismissed

Kamla Kumari v. Sunil Kumar Pandit

2022-11-17Mr. Justice Anil Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL MISCELLANEOUS JURISDICTION No.646 of 2022 ====================================================== Kamla Kumari Wife of Ramakant Pandit Resident of Village- Bajhi, Police Station- Khodabandpur, District- Begusarai.

... ... Petitioner/s

Versus

1.

Sunil Kumar Pandit Son of Late Brahmdeo Pandit alias Narendradeo Pandit Resident of Village, P.O. and P.S.- Mohiuddin Nagar, District- Samastipur. 2.

Anil Kumar Pandit Son of Late Brahmdeo Pandit alias Narendradeo Pandit Resident of Village, P.O. and P.S.- Mohiuddin Nagar, District- Samastipur. 3.

Most. Sushila Devi Wife of Late Brahmdeo Pandit alias Narendradeo Pandit Resident of Village, P.O. and P.S.- Mohiuddin Nagar, District- Samastipur. 4.

Ram Chandra Pandit Son of Late Lakhan Pandit Resident of Village- Amba, Police Station- Teghra, District- Begusarai.

5.

Bimla Devi Wife of Muneshwar Pandit Resident of Village- Banhara, P.S.- Bhagwanur, District- Begusarai.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ajay Kumar Singh For the Respondent/s :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 17-11-2022 Heard Mr. Ajay Kumar Singh, learned counsel for the petitioner.

2. The petitioner is aggrieved by an order dated 13.04.2022 passed by learned Sub Judge, Shahpur Patori by which the intervener petition filed for impleadment in the execution case by the petitioner has been rejected.

3. Admittedly, the petitioner has filed a Miscellaneous Case No. 20 of 2016 under Order 21 Rule 97 CPC, and as submitted by the learned counsel for the petitioner the same, is still pending and the defendants have filed their reply/rejoinder.

Patna High Court C.Misc. No.646 of 2022(2) dt.17-11-2022 2/2

4. In view of the facts that the petitioner has already filed Misc. Case under Order 21 Rule 97 C.P.C, I do not find any merit in this petition by which the learned Executing Court has rejected the petition filed by the petitioner for his impleadment in the execution case. Accordingly, this petition is rejected.

(Anil Kumar Sinha, J) perwez/Ashwani U