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2019 Supreme(Jhk) 335

SUJIT NARAYAN PRASAD
Nirmala Devi W/o Sri Rajkumar Singh – Appellant
Versus
Prasidh Narayan Singh S/o Late Sita Ram Singh – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Mr. Sudhir Kumar Sharma, Adv.

JUDGMENT :

This writ petition is under Article 227 of the Constitution of India, whereby and whereunder the order dated 27.03.2018 passed by Civil Judge (Sr. Division) I, Palamau, at Daltonganj in Misc. Case No.02 of 2014 (arising out of Execution Case No.03 of 2009) and Partition Suit No.21 of 2001, whereby and whereudner the petition filed under Section 47 of the Code of Civil Procedure on the ground that executing court cannot go behind decree of the parties and representative and cannot entertain any objection that the decree was incorrect in law or fact until it was set aside in appropriate proceeding in appeal or revision.

2. The brief facts of the case of the petitioners is that when one partition suit being Partition Suit No.21 of 2001 was filed for passing a preliminary decree in favour of the plaintiff in respect of their half share jointly with respect to the said land as described in Schedule-A and B of the plaint, through a Batwara Commissioner and a separate takhta be carved out in favour of the plaintiff with respect to their half shares out of suit/land as mentioned in Scheule-A and B appended to the plaint. The suit was filed against Dudheshwar Singh, Ballkeshwar Sin




































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