Yogendra Pandit v. Kamal Pandit And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL MISCELLANEOUS JURISDICTION No.971 of 2018 In Civil Writ Jurisdiction Case No. 1924 of 2018 ====================================================== Yogendra Pandit, son of Late Gokhula Pandit, Resident of Village- Banjari Pargana- Kuari, P.O.+P.S+Distt- Gopalganj .... .... Appellant/s

Versus

1. Kamal Pandit , son of Late Mathura Pandit,Resident of Village- Bhit Bherwa (Banjari), P.S.+Distt- Gopalganj

2. Bhoodan Mantri, Bhoodan Yaga Committee Office, Arar More, P.S.+Distt-Gopalganj .... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Satya Ranjan Sinha For the Respondent/s : Mr. Shailendra Kumar Dwivedi ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 16-08-2018 Heard learned counsel for the petitioner.

The petitioner has filed this civil miscellaneous petition only for a direction to the executing court to dispose of the execution case in accordance with law.

Learned counsel for the judgment debtor submits that the decree holder has obtained the judgment and decree by playing fraud, whereas, assertion of the judgment holder is that even if judgment and decree is obtained by playing fraud upon the court, its execution cannot be stopped. There is a provision that the judgment debtor may file objection before the executing court for taking appropriate steps to show that the judgment is not executable in the eye of law.

Patna High Court C.Misc. No.971 of 2018 (4) dt.16-08-2018 2/2 Considering the facts and circumstances of the case, this civil miscellaneous petition is disposed of with a direction to executing court to dispose of the execution case as soon as possible, preferably within a period of nine months from the date of receipt of a copy of this order.

(Prabhat Kumar Jha, J) sushma/abhijeetU T