Alisher Khan And ANR v. Khurshid Khan And ORS

Patna High Court C.Misc. No.126 of 2016 (2) dt.17-05-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL MISCELLANEOUS JURISDICTION No.126 of 2016 ====================================================== Alisher Khan & Anr .... .... Appellant/s

Versus

Khurshid Khan & Ors .... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Naresh Prasad For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 17-05-2016 Heard learned counsel Mr. Naresh Prasad for the petitioners.

Learned Sub-Judge-1st, Gopalganj, by the order dated 15.12.2015 passed in Execution Case No. 12 of 2014 rejected the objection application filed by the Judgment debtors. The aforesaid execution case has been filed by the decree holder respondents for execution of the final decree. The petitioners filed application for dismissing the execution case on the ground that the decree has been passed against dead persons i.e. prior to passing the decree many plaintiffs and some of the defendants have also died but no substitution has been made. Learned Court below has held that the defendant has no role to play as the heirs of the deceased defendants have not filed objection. Moreover, the heirs of the deceased plaintiffs have filed execution case and therefore, the objection petition has

Patna High Court C.Misc. No.126 of 2016 (2) dt.17-05-2016 been rejected on that ground. The question whether the decree is nullity depends on the question of fact raised by the petitioner. Therefore, the learned Court below has rightly rejected the application of the petitioner and I find no reason to interfere with the impugned order.

Accordingly, this writ application is dismissed (Mungeshwar Sahoo, J.) Amit/- U