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2022 Supreme(Pat) 506

ANIL KUMAR SINHA
Rajeshwari Devi – Appellant
Versus
Sri Gopal Prasad Sah – Respondent


Advocates Appeared:
For the Petitioner: Mr. Ravindra Kumar Choudhary
For the Respondents: None.

ORDER

Heard Mr. Kamal Nayan Chaubey, learned senior counsel for the petitioner.

2. Petitioner has filed the present application for setting aside the order dated 11.11.2019/13.11.2019 passed in Execution Case No. 01/2011 arising out of Eviction Suit No. 18/2003 by learned Munsif, Sadar, Purnea whereby the court below has rejected the petition dated 24.09.2019 filed by the petitioner under Order 21 Rule 97 to 101 of the CPC.

3. The brief fact involved in this case is that the petitioner is the judgment debtor in a decree for eviction passed in Eviction Suit No. 18/2003 filed by the plaintiffs/respondents who are sons and widow of late Ram Prasad Sah. The property/land under decree is situated in M.S. Khata No. 128, M.S. Plot No. 18 which belongs to all the heirs of Late Ram Prasad Sah in which sons of Late Ram Prasad Sah, widow of Ram Prasad Sah, heirs of deceased son of Ram Prasad Sah and daughters of Ram Prasad Sah have got equal interest.

4. Learned senior counsel for the petitioner submits that despite the fact that only sons and widow of Late Ram Prasad Sah got decree in Eviction Suit No. 18/2003, the ownership and interest of daughters of Ram Prasad Sah also exists in the subject

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