IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.18534 of 2011
Harischandra Priyadharshi
Versus
Pinaki Ranjan Bioswas & Ors
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02. 20.10.2011. Heard the learned counsel, Mr. R.K.P. Singh on behalf of
the petitioner.
By this writ application under Article 227 of the
Constitution of India, the petitioner prays for to pass a direction to
the Munsif Bihar, Nalanda to admit and adjudicate Misc. case
No.15 of 2011 filed under Section 47 C.P.C. in execution case No.7
of 2004 after providing full opportunity to both party and being
heard and adduce evidence on the issue of the execution or
satisfaction of the decree and to stay the execution of the decree.
The learned counsel for the petitioner submitted that the
said Misc. case No.15 of 2011 was filed on 24.08.2011 but still it is
binding.
The only grievance of the petitioner is that the executing
Court is directing the delivery of possession but the learned
executing Court is not deciding the objection under Section 47
C.P.C. filed by the petitioner being Misc. Case No.15 of 2011.
Admittedly, the Misc. case has been filed on 24.08.2011,
i.e., recently. Therefore, if there is any urgency, the petitioner
may press the Misc. case before the Court below by filing an
application praying for disposing or deciding the Misc. case as
early as possible. If such application is filed, the Court below shall
consider the facts and pass necessary order.
With this observation, this writ application is disposed of.
Sanjeev/- (Mungeshwar Sahoo,J.)