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2004 Supreme(Pat) 5

NAGENDRA RAI
Munga Devi – Appellant
Versus
Indrashan Devi – Respondent


Judgment

1. Inspite of valid service of notice, no body has appeared on behalf of the opposite party.

2. The civil revision application is barred by limitation.

3. After having heard learned counsel for the petitioner and perusal of the limitation petition, the delay in filing this civil revision application is condoned.

4. The decree holder is the petitioner against the order dated 16.3.2001 passed by the Execution Munsif, Patna in Execution Case No. 2 of 1998 refusing her prayer to recall the order effecting delivery of possession and to proceed to confirm the sale and grant sale certificate before effecting delivery of possession.

5. The plaintiff-petitioner filed a Money Suit which was decreed on 18.9.1997. Thereafter the petitioner levied Execution Case No. 2 of 1998 and in the said Execution Case, 10 dhurs land of C.S. Plot No. 400 of Mauza Rastiganj, P.S. Phulwarisharif, District-Patna belonging to the judgment debtor-opposite party was put on auction. In the auction, the decree holder participated with the permission of the court and being the highest bidder his bid was accepted on 12.10.1999. On 17.12.1999, the decretal amount was adjusted towards the purchase money. On 26.













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