NAGENDRA RAI
Abhinandan Jha Alias Abhed Jha – Appellant
Versus
Anant Mishra – Respondent
1. The judgment-debtor-petitioners have filed this Civil Revision against the order dated 19.4.2003 passed by the Munsif, Ist, Madhubani, rejecting their objection under section 47 of the Code of Civil Procedure (hereinafter referred to as the Code).
2. The plaintiff-opposite Ist party (decree-holders) filed Title Suit No. 31 of 1999 in the court of the Munsif Ist, Madhubani, for declaration of title and possession over Schedule-I land and for eviction and permanent injunction against the petitioners over scheduIe-II land. The said suit was decreed ex parte on 14.10.1999. The petitioners have filed Title suit No. 39 of 2001 challenging the said decree, which has been dismissed and an appeal is pending at the instance of the petitioners.
3. The decree-holders opposite first party levied Execution case no. 7 of 1999 and the petitioners raised objection with regard to the executability of the decree on the ground that the direction of the court below was to give vacant possession to the decree-holders, whereas, the judgment-debtors have got their house over Schedule-II land and as such the decree, as it stands, is not executable. The executing court has rejected the same. Henc
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