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2008 Supreme(Pat) 215

S.N.HUSSAIN
Ram Raj Bhar – Appellant
Versus
Most. Ilaichi Devi – Respondent


Judgment

1. Heard learned counsel for the petitioners (plaintiff-decree holders). No one appears on behalf of the opposite parties in spite of valid service of repeated notices upon them.

2. This Civil Revision has been filed by the petitioners challenging order dated 23.3.2005. by which the learned Subordinate Judge-VIII, Siwan, set aside the entire auction proceeding of Execution Case No. 2 of 1989 after condoning the delay in filing of the application for setting aside auction sale.

3. The plaintiffs had filed Partition Suit No. 211 of 1979 (12 of 1985) for partition of their 1/4th share in the suit properties. The said suit was decreed on 26.5.1986, whereafter preliminary decree was prepared, against which the defendants filed F.A. No. 357 of 1986, which i pending in this court. Subsequently, on 6.2.1989 final decree was prepared by the learned trial court in the partition suit, which was also challenged by the defendants in First Appeal No. 433 of 1989, which is also pending in this Court. It further transpires that Execution Case No. 2 of 1989 was filed by the plaintiff-decree holders (petitioners) for execution of the aforementioned decree, in which the defendant-judgment deb




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