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2024 Supreme(Pat) 277

ARUN KUMAR JHA
Satyasheel Kumar (wrongly named as Munna Kumar in Execution Case), S/o. Suresh Chandra Singh @ Suresh Chandra Sinha – Appellant
Versus
Navin Kumar Singh, S/o Shree Kapildeo Singh – Respondent


Advocates Appeared:
For the Petitioner: Mr. R.KP. Singh, Mr.Bal Bhushan Choudhary, Mrs. Nutan Kumari Sharma.
For the Respondents: Mr. Prashant Kashyap, Mr. Amit Ranjan.

JUDGMENT :

(Arun Kumar Jha, J.) :

The present petition has been filed under Article 227 of the Constitution of India against the order dated 04.12.2018 passed by the learned Sub Judge-7, Begusarai in Execution Case No.1/2016 whereby and whereunder the petition dated 03.02.2018 filed on behalf of the judgment debtor has been rejected.

2. The respondents are decree-holders and they filed Title Suit No. 171 of 2007 against the grandfather, father and uncle of the petitioner in the court of learned Sub Judge, Begusarai. The suit was filed for declaration of title in respect of Schedule-A property and for recovery of possession from defendants 1st and 2nd set by demolishing the construction made by them on the suit land as well as for mesne profit and injunction. The defendants appeared and filed their written statement controverting the claim of the plaintiffs. Title Suit No. 171 of 2007 was finally heard and decided vide judgment and decree dated 08.09.2016 on contest in favour of the plaintiffs. The defendants 1st set, who are members of joint family of the petitioner, preferred appeal before the learned District Judge, Begusarai vide Title Appeal No. 14/2016 and the said title appeal

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