Nishikant Dhanuk And ORS v. The State Of Bihar Through The District Magistrate, Munger And ORS

Patna High Court CWJC No.5573 of 2015 (2) dt.18-03-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5573 of 2015 ====================================================== Nishikant Dhanuk & Ors .... .... Petitioner/s

Versus

The State of Bihar Through The District Magistrate, Munger & Ors .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Prabha Singh For the Respondent/s : Mr. A.Ujjwal ====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 18-03-2016 Heard learned counsel, Mr. Ram Subhash Singh, appearing for the petitioners.

2.

It appears that respondent Nos. 1 and 2 are wrongly made party in this writ application. Accordingly, their names are deleted.

3.

This application under Article 227 of the Constitution of India has been filed by the judgment debtor-petitioners against the order dated 02.01.2015 passed by Munsif, Sheikhpur in Execution Case No. 11 of 1979, whereby the court below accepted the report of Najir that delivery of possession has been affected. 4.

By supplementary affidavit, prayer has been made for setting aside the original order dated 31.07.2015 passed by the executing court in the aforesaid case. From perusal of the said order, it appears that after considering the submission of both the parties, the court below found that, in fact, the decree holder

Patna High Court CWJC No.5573 of 2015 (2) dt.18-03-2016 accepted with full satisfaction that he has obtained delivery of possession of the suit property.

5.

In such circumstances, when the delivery of possession has been affected pursuant to judgment and decree according to law, I find no reason to interfere with the impugned order in exercise of supervisory jurisdiction. Thus, this writ application is dismissed.

(Mungeshwar Sahoo, J) brajesh/- U