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2009 Supreme(Pat) 1410

S.N.HUSSAIN
Bindeshwari Poddar Son Of Late Ramdeo Poddar – Appellant
Versus
Gita Devi W/o Lete Satya Narayan Sah – Respondent


JUDGEMENT

1. This civil revision is being heard at this stage at the instance of learned counsel for both the parties.

2. This civil revision has been filed by the plaintiff-petitioner challenging order dated 29.6.2006 by which learned Munsif, Saharsa allowed the petition of defendants-opposite parties for restoration of possession in Execution Case No. 3 of 2004.

3. The case has a chequered history as the plaintiff-petitioner had filed Title Suit No. 83 of 1989 for eviction of Satya Narain Sah the predecessor of opposite parties on the ground of his bona fide personal requirement of the suit property which is a residential house.

4. The said suit was decreed ex parte on 17.3.1990 (Annexyre-1) by learned Munsif, Saharsa, whereafter the plaintiff- petitioner filed Execution Case No. 7 of 1990 for execution of the aforesaid decree and finally delivery of possession was effected in his favour on 13.7.1990.

5. It transpires that the defendants- opppsite parties filed Misc. Case No. 15 of 1990 under the provision of Order IX rule 13 of the Code of Civil Procedure which was allowed by the learned Munsif, Saharsa on 7.8.1998 and the ex parte decree in the eviction suit was set aside. The s







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