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2003 Supreme(Pat) 393

NAGENDRA RAI
Dilip Kumar Singh @ Dilip Kr. Sinha – Appellant
Versus
Mostt. Sakuntala Devi – Respondent


Judgment

Nagendra Rai, J.

1. The judgment-debtors/ petitioners have filed the present civil revision application against the appellate order dated 18th October, 2001 passed by AddI. District Judge-X. Patna in Miscellaneous appeals setting aside the order dated 3rd May, 1995 passed by Sub-Judge II, Patna in Misc. Case No. 3 of 1992 by which he has set aside the sale of the property belonging to the petitioners for realisation of cost on the ground of fraud. The appellate Court held that the application filed by the petitioners was filed beyond limitation and no fraud was committed in the sale of the property and accordingly allowed the appeals of the decree holders and auction purchaser.

2. The facts leading to the filing of the present application are that the decree holder/Opposite party 1st Set filed a suit for declaration of title and recovery of possession with regard to portion of land of plot Nos. 234 and 946, Circle No. 247, Ward No. 34 holding 238/233situate in Mauza Rajapur Hassan. P.S. Digha, District-Patna against the judgment-debtors/petitioners and their father Ram Pratap Singh. The said suit was decreed on 23-11-1986 by the trial Court and the appeal filed by the judgm

























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