IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL MISCELLANEOUS JURISDICTION No.936 of 2017

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Ram Babu Rai, Son of Late Jai Narain Rai, Resident of Village- Govind Fandah,

Post- Riga, P.S.+ District- Sitamarhi.

.... .... Defendant-Petitioner

Versus

1. Nachari Mishra,

2. Shatrughan Mishra,

3. Bharat Mishra,

4. Sushil Mishra,

5. Anil Mishra,

All Sons of Late Mahendra Mishra, Residents of Village- Panchhor, P.O.+ P.S.-

Riga, District- Sitamarhi.

6. Kunti Devi, Daughter of Late Mahendra Mishra, Wife of Dhrub Narain Jha,

Resident of Village+ Post- Sahbajpur, P.S.- Riga, District- Sitamarhi.

7. Munni Devi, Daughter of Late Mahendra Mishra, Wife of Chandra Mohan

Mishra, Resident of Village- Majhoulia, P.S.- Bathnaha, District- Sitamarhi.

.... .... Plaintiffs-Respondent 1^st set

8. Chandradeo Mishra, Son of Late Aklu Mishra, Resident of Village- Panchhor,

P.O.+ P.S.- Riga, District- Sitamarhi.

.... .... Defendant-Respondent 2^nd set

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Appearance :

For the Petitioner : Mr. Yogendra Mishra, Sr. Adv.

Mr. Arvind Kumar Jha, Adv.

For the Respondent/s : Mr.

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CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN

SINGH

ORAL JUDGMENT & ORDER

Patna High Court C.Misc. No.936 of 2017 dt.15-11-2017

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Date: 15-11-2017

Following are the releifs sought in the present

application filed under Article 227 of the Constitution of India:-

<(i) An appropriate writ,

order or direction declaring the

order dated 20.04.2017 as illegal

and void, be issued.

(ii) An appropriate writ,

order or direction declaring the

Execution Case No. 31/2015/CIS

No.68/2015 as not maintainable, be

issued.

(iii) Further, prays for

issuance of any other appropriate

writ/writs,

order/orders,

direction/directions

and/or

relief/reliefs which the petitioner is

entitled to in the facts and

circumstances of the case.=

2. The said impugned order, dated 20.04.2017, has

been passed in Execution Case No. 31 of 2015 (CIS No. 68 of

2015) by the executing Court on an application filed by the

petitioner, who was defendant in Title Suit No. 125 of 1998. In the

said application, he had questioned the very maintainability of the

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execution case, on the ground that the decree of the appellate Court,

sought to be executed, was a nullity and, therefore, inexecutable.

3. Before I take note of the submissions made by Mr.

Yogendra Mishra, learned Senior Counsel, appearing on behalf of

the petitioner, certain brief facts are to be taken note of first.

4. Respondent 1^st set had filed Title Suit No. 125 of

1998, seeking following relief/s, inter alia, as indicated in

paragraph 4 of the present application:-

<4. x x x x

(a) That on adjudication of

the facts and circumstances stated

above the court be pleased to

declare that the two sale deeds

dated 18.08.1981 purported to

executed by defendant second set

Chandradeo Mishira in the name of

the defendant first set Ram Babu

Rai with respect to the Schedule 1

land of the plaint are forged,

fabricated,

fraudulent,

without

consideration and void documents

and not binding on the plaintiffs.

(b) That on adjudication of

relief no. (a) the court be pleased to

declare that title and confirm the

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possession of the plaintiff over

Schedule 1 land of the plaint and in

case the plaintiff is dispossessed

from Schedule 1 land of the plaint

during the pendency of this suit or

the plaintiff is deemed to be

dispossessed by the court in that

circumstances,

a

decree

for

recovery of possession over the

Schedule 1 land be granted in

favour of the plaint