IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL REVISION No.48 of 2019

In

CIVIL REVIEW No.508 of 2018

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1.1. Kumud Sinha W/o Late Niranjan Kumar Sinha resident of Village-

Bishunpur- Arara, P.S.- Goraul, District- Vaishali, at present residing at

Mohalla- Damuchak, P.S.- Kazi Mohammadpur, District- Muzaffarpur.

1.2. Kriti daughter of Late Niranjan Kumar Sinha resident of Village- Bishunpur-

Arara, P.S.- Goraul, District- Vaishali, at present residing at Mohalla-

Damuchak, P.S.- Kazi Mohammadpur, District- Muzaffarpur.

1.3. Riktika daugher of Late Niranjan Kumar Sinha, resident of Village-

Bishunpur- Arara, P.S.- Goraul, District- Vaishali, at present residing at

Mohalla- Damuchak, P.S.- Kazi Mohammadpur, District- Muzaffarpur.

1.4. Aliza daughter of Late Niranjan Kumar Sinha resident of Village-

Bishunpur- Arara, P.S.- Goraul, District- Vaishali, at present residing at

Mohalla- Damuchak, P.S.- Kazi Mohammadpur, District- Muzaffarpur.

1.5. Lokesh Kumar S/o Late Niranjan Kumar Sinha resident of Village-

Bishunpur- Arara, P.S.- Goraul, District- Vaishali, at present residing at

Mohalla- Damuchak, P.S.- Kazi Mohammadpur, District- Muzaffarpur.

... ... Petitioner/s

Versus

1.

Ashok Kumar Jha Son of Late Amar Nath Jha

2.

Raj Kumar Jha Son of Late Amar Nath Jha

3.

Sudhir Kumar Jha Son of Late Amar Nath Jha

4.

Lalit Kumar Jha Son of Late Amar Nath Jha

5.

Mina Kumari D/o Late Amar Nath Jha resident of Mohalla- Damuchak, P.S.-

Kazi Mohammadpur, District- Muzaffarpur.

6.

Most. Indra Kuer Wife of Late Nand Kishore Mishra, D/o Late Amar Nath

Jha, resident of Mohalla- Damuchak, P.S.- Kazi Mohammadpur, District-

Muzaffarpur.

... ... Respondent/s

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Appearance :

For the Petitioner/s

:

Mr.Bhubneshwar Prasad

For the Respondent/s

:

Mr.

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CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA

ORAL JUDGMENT

Date : 13-12-2022

This Civil Revision application has been directed

against the Judgment dated 14.09.2018 passed in Misc. Appeal

Patna High Court C.R. No.48 of 2019 dt.13-12-2022

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No. 18 of 1999 passed by learned Fast Track Court 1^st,

Muzaffarpur whereby and whereunder he has rejected the Misc.

Appeal filed by the original petitioner Niranjan Kumar Sinha

(now deceased who is represented through his legal heirs) and

confirmed the order dated 13.08.1999 passed by the learned

Special Execution Munsif, Muzaffarpur allowing the Misc. Case

No. 09 / 1996 filed by the respondents for restitution of their

possession over the land and house (detailed in Schedule -1 of

the Misc. Application).

2. As per the petition, it appears that original plaintiff

namely Smt. Pramila Devi W/o Late Satyendra Kumar Sinha and

mother of late Niranjan Kumar Sinha had filed title suit No.

198/1969 against original defendant namely Smt. Sakali Devi

and three others for declaration of title in favour of plaintiff and

for decree of recovery of possession of land in question (given in

Schedule 1 of the suit) and in alternative for partition. The ex-

parte decree was passed on 01.10.1983 by the learned trial court

and thereafter Execution Case bearing Execution Case No. 14 of

1985 was filed by the decree holder against the Judgment Debtor

before the Court of the learned Execution Munsif, Muzaffarpur

in which writ of delivery of possession was issued on 21.01.1994

and the same was effected on 22.01.1994 and the Decree Holder

Patna High Court C.R. No.48 of 2019 dt.13-12-2022

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is in possession of the land in question.

3. The Judgment Debtor filed a Misc. Case bearing no.

29/1983 under Order 9 Rule 13 CPC to set aside the ex-parte

decree dated 01.10.1983 in Title Suit No. 169/1996 which was

allowed on 07.10.1994 and the ex-parte decree was set aside.

The Civil Revision No. 2214 of 1994 filed against the said order

dated 07-10-1994 has also been dismiss