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IN THE HIGH COURT OF JUDICATURE AT PATNA
Arun Kumar Jha
Sanjay Kumar Yadav Son of late Rambilash Yadav @ Ramvilash Yadav – Appellant
Versus
Kaushal Kumar Mishra S/o late Kedar Nath Mishra – Respondent
| Table of Content |
|---|
| 1. petition filed under article 227. (Para 1 , 2) |
| 2. factual background of property dispute. (Para 3 , 4) |
| 3. arguments for the petitioner about execution status. (Para 5) |
| 4. court analysis of judgment-debtor status. (Para 6 , 10) |
| 5. execution of joint decree and rights of parties. (Para 7 , 8 , 9) |
| 6. issues under bppht act not relevant. (Para 11) |
| 7. affirmation of the impugned order; petition dismissed. (Para 12 , 13) |
JUDGMENT :
Arun Kumar Jha, J.
The matter has been listed on mentioning being made on behalf of the petitioner.
2. Heard learned counsel for the petitioner and I intend to dispose of the petition at the stage of admission itself.
3. The instant petition has been filed under Article 227 of the Constitution of India for setting aside the order dated 25.11.2023 passed in Eviction Execution Case No. 17 of 1982 by learned Munsif 1st, Darbhanga, whereby and whereunder the petition dated 28.02.2019 filed by judgment-debtor nos. 2 and 4 for dropping the execution proceeding was rejected.
4. Learned counsel for the petitioner submits that Kedarnath Mishra and others had filed Title Suit No. 98 of 1976 before learned Munsif 1st, Darbhanga against the father of the petitioner
Execution of joint decrees remains valid even with subsequent transfers of interest by decree-holders, and a judgment-debtor cannot escape execution by claiming ownership.
Executing Court has authority to adjudicate all questions pertaining to right, title or interest in property arising between parties including claim of a stranger who apprehends dispossession from im....
The executing court is competent to consider all questions raised by the persons offering obstruction against execution of the decree and pass appropriate order, which is to be treated as a decree. T....
The executing court has jurisdiction to enforce decrees, including injunctions, and can act against violations by judgment debtors.
The trial court's dismissal of the suit was upheld, emphasizing that the plaintiffs had alternative remedies under the Code of Civil Procedure, making the suit not maintainable.
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