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2023 Supreme(Pat) 1016

SANDEEP KUMAR
Amir Choudhary @ Amirak Choudhary – Appellant
Versus
Kiranti Devi – Respondent


Advocates Appeared:
For the Petitioners: M/s P.N. Shahi, Sr. Adv., Patanjli Rishi, Mirtunjay Kumar, Sanjeet Kumar Singh.
For the Respondents: Mr. Sanjay Kumar.

Sandeep Kumar, J. – This application has been filed for quashing of the order dated 07.02.2018 passed by learned Sub Judge-I, Hilsa in Execution Case No. 06 of 2013, by which he has dismissed the execution case by holding that it is not maintainable.

2. The facts of this case, as stated in the writ petition, are that the original plaintiff namely, Dhano Devi (predecessor in interest of the petitioners) filed Title Suit No. 95 of 1986 against Hari Charan Choudhary and others (predecessor in interest of the respondents) for declaration of title and confirmation of possession with respect to 10 decimals of land and also for grant of permanent injunction restraining the defendants from interfering in the possession of the plaintiff over the suit land. In the said suit, it was stated by the plaintiff that land measuring 20 decimals situated at Mauza- Islampur Tola Mathpar, P.S.-Islampur, District- Nalanda was Gairmajarua Malik parti land, which was settled by the exlandlord and a Hukumnama was also granted in favour of the original plaintiff. Upon vesting of Jamindari, ex landlord submitted return in the name of the plaintiff and thereafter Jamabandi was created in the name of the plaint

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