JUDGMENT :

Rongon Mukhopadhyay, J.

1. Heard Mr. Amar Kumar Sinha, learned counsel appearing for the petitioners and Mr. Vibhor Mayank, learned counsel appearing for the respondents No. 1 to 4.

Although vide order dated 29.07.2019 the learned counsel for the petitioners had undertaken to file an application for deletion of respondents No. 7 and 8 from the Cause Title, but no such application has been filed.

2. This writ application is directed against the order dated 04.10.2018 passed by the learned Additional Munif-V, Ranchi in Miscellaneous Case No. 26 of 2018, whereby and where under, the application preferred by the petitioners under Order XXI Rule 97 of the Code of Civil Procedure has been dismissed.

The case of the plaintiffs/ opposite parties in Title Suit No. 127 of 2010 is that the lands of Revisional Survey Khata No. 98 including the suit property within Khewat No. 8, Village Hesag, District Ranchi is recorded in the name of Munshi Jahur Ali. After the death of Munshi Jahur Ali there was partition of land of Khata No. 98 along with other lands left by Munshi Jahur Ali amongst his heirs and successors through process of court.

In the amicable partition the lands of Khata No. 98, Plot No. 314 of Village Hesag, P.S. Jagarnathpur, District Ranchi was allotted in favour of Md. Qumar and Majhrul Haque and they were in possession exercising their exclusive right, title and possession. Md. Qumar and Majhrul Haque who were in possession transferred 0.30 acres of land of R.S. Plot No. 314, Sub Plot No. 314/A of Khata No. 98 in favour of Rampriya Devi vide registered deed of sale dated 15.04.1965 and was put in Khas possession thereof and got her name mutated in Khijri Anchal, Namkum, Ranchi.

Rampriya Devi in turn sold 8 decimals of land out of a total of 0.30 acres of land marked as Sub Plot No. 314/A/2 out of Plot No. 314/A in favour of Himanshu Shekhar Pal vide registered deed of sale dated 28.12.1968 and was put in Khas possession thereof and got his name mutated against the grant of rent receipt. Himanshu Shekhar Pal thereafter sold the entire 8 decimals of land as Sub Plot N. 314A/2 of Khata No. 98 within Khewat No. 8 in favour of Babulal Singh vide registered deed of sale dated 11.09.1980 and he was put in Khas possession thereof and got his name mutated against the grant of rent receipt.

After the demise of Babulal Singh, defendants No. 1 and 2 being Ram Pravesh Singh and Uma Shankar Singh in collusion with each other dispossessed the plaintiff being the widow of late Babulal Singh and had constructed rooms which led to institution of the suit in which prayer was made for a declaration that the properties described in the schedule are the own property of the plaintiff who has right, title and interest over the said property.

3. The suit being Title Suit No. 127 of 2010 proceeded ex parte against the defendants No. 1 and 2 and judgment was passed on 21.01.2011 by the learned Munsif, Ranchi by which a declaration was made of the plaintiff’s right, title and interest over the suit property.

4. Pursuant to the judgment dated 21.01.2013 and decree signed on 04.02.2013, the plaintiff/ decree holder had initiated an execution case being Execution Case No. 8 of 2013 for executing a decree passed in Title Suit No. 127 of 2010 against the defendants No. 1 and 2 (the judgment debtors No. 1 and 2). The petitioners on coming to know about Execution Case No. 8 of 2013 filed an objection under Order XXI Rule 97 of the Code of Civil Procedure, inter alia, on the following grounds:

(a) That the land of Khata No. 98, Plot No. 314, Sub Plot No. 314/A, Khewat No. 8, measuring 2 Kathas corresponding to Holding No. 241 of Ward No. 30/54 within Ranchi Municipal Corporation being a portion of suit property is purchased, owned and possessed by the petitioner No. 1 from her exclusive fund by virtue of registered deed of sale dated 01.09.2008 for a valuable consideration.

(b) That land of Khata No. 98, Plot No. 314, Sub Plot No. 314/1B, Khewat No. 8, measurin