Kripa Shankar Singh And ANR v. Srimati Bharti Sinha And ORS

Patna High Court C.Misc. No.179 of 2016 (2) dt.17-05-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL MISCELLANEOUS JURISDICTION No.179 of 2016 ====================================================== Kripa Shankar Singh & Anr .... .... Appellant/s

Versus

Srimati Bharti Sinha & Ors .... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Rajeev Kumar Sinha For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 17-05-2016 Heard the learned counsel, Mr. T.N.Maitin for the petitioners.

The Civil Judge(Jr. Div.) I (Munsif I), Munger in Eviction Execution Case No.5 of 2012 only appointed the Pleader Commissioner for effecting the execution of the decree as the Nazir reported that for execution of the decree, Magistrate, Police, Mahila Police and Survey Knowing Pleader Commissioner are required to be appointed.

Admittedly, the decree is eviction decree against the petitioner from the suit premises described in the plaint and for execution of the decree, the Executing Court has the jurisdiction to do all the needful for giving effect to the decree by delivering the possession of the suit property only. If it is necessary for the measurement or anything of the suit property, the Court can appoint Pleader Commissioner also.

Patna High Court C.Misc. No.179 of 2016 (2) dt.17-05-2016 In such circumstances, I do not find that the order passed by the Court below suffers from any jurisdictional error or the order occasioned any failure of justice.

Thus, this writ application has got no merit and accordingly, it is dismissed.

(Mungeshwar Sahoo, J) Saurabh/- U T