Subir Barua And ORS v. Most. Bela Rani Ghosh And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL MISCELLANEOUS JURISDICTION No.123 of 2016 ====================================================== Subir Barua & Ors .... .... Appellant/s

Versus

Most. Bela Rani Ghosh & Ors .... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Rajeev Ranjan For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 13-07-2016 Heard learned counsel Mr. Shri Prakash Srivastava for the petitioners.

The learned court below by the impugned order dated 13.12.2015 passed by Subordinate Judge-I, Madhepura in Title Execution Case No.01 of 2010/C.S. No.247 of 2014 whereby the delivery of possession has been effected without considering the application filed by the petitioners under Order 21 Rule 29 of the Code of Civil Procedure.

From perusal of the case record, it appears that in suit the decree has been passed against these petitioners, which is put under execution in Title Execution Case No.01 of 2010/C.S. No.247 of 2014. Admittedly at present no suit filed by these petitioners against the decree-holder is pending and, therefore, there is no question of application of Order 21 Rule 29 of the Code

Patna High Court C.Misc. No.123 of 2016 (2) dt.13-07-2016 of Civil Procedure arises. Therefore, I find no reason to interfere with the impugned order.

Thus, this writ application is dismissed.

(Mungeshwar Sahoo, J) Harish/- U