Yogendra Pandit v. Bikrama Kohar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL MISCELLANEOUS JURISDICTION No.973 of 2018 In Civil Writ Jurisdiction Case No. 760 of 2018 ====================================================== Yogendra Pandit, son of Gokhula Pandit, Resident of Village-Banjari Pargana- Kuari, P.O.+P.S.+District-Gopalganj. .... .... Appellant/s

Versus

1. Bikrama Kohar son of Late Anmol Kohar.

2. Shiv Kumari Devi, wife of Bikrama Kohar.

.... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Satya Ranjan Sinha For the Respondent/s : Mr.

====================================================== 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.

Considering the facts and circumstances of the case,

Patna High Court C.Misc. No.973 of 2018 (4) dt.16-08-2018 2/2 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.

Disposal the execution as soon as possible after considering the objection of the judgment and debtor in accordance with law.

(Prabhat Kumar Jha, J) sushma/abhijeetU