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2019 Supreme(Pat) 570

S.KUMAR
Abha Agrawal wife of Sri Krishna Kumar Agrawal – Appellant
Versus
Chanpati Devi wife of Sri Deo Sharan Singh, resident of village Ranipur Ke Chak, P. S Chawk, District Patna – Respondent


Advocates Appeared:
For the Petitioners: Mr.Rabindra Kumar, Adv.
For the Respondents: Mr.Santosh Kumar Singh, Adv.

JUDGMENT :

Heard learned counsel for the parties.

2. This civil revision petition has been filed for setting aside the order dated 01.03.2016 passed by the Execution Munsif, Patna in Execution Case No. 02 of 2013, whereby and whereunder, the objection petition filed by the Judgment Debtor No. 3 dated 14.12.2015 under Order 21 Rule XXIII of the Code of Civil Procedure has been rejected.

3. Plaintiff/Decree Holder had filed Title Suit No. 52 of 1992 against Defendant/Judgment Debtors for declaration of their title and interest over the suit land and confirmation of their possession and if out of possession then restoration of possession over the suit land by process of court. Title Suit was dismissed against which Plaintiff-Decree Holder preferred Title Appeal which was allowed by judgment and decree dated 31.05.2005, against which Defendant/Judgment Debtor has filed second appeal which is pending for adjudication.

4. Plaintiff-decree holder filed Execution Case for execution of decree for delivery of possession of the suit land against which petitioner-judgment debtor filed an objection petition dated 14.12.2015 that since there is no decree to grant restoration of possession as such th

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