IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.3214 of 2010
1. LAKSHMAN PRASAD S/O LATE BADRI PRASAD R/O NAYA
TOLA, SIWAN, P.O. & P.S.+DISTT.- SIWAN
Versus
1. FIRM M/S DRESS. CO. THROUGH SHRI RAGHUBANS MANI R/O
DHAKIM TOLA NAI BAZAR, SIWAN, P.O. & P.S.+DISTT.- SIWAN
2. RAGHUBANS MANI S/O LATE BIND PD. R/O DHAKIM TOLA NAI
BAZAR, SIWAN, P.O. & P.S.+DISTT.- SIWAN
3. PRAKASH SONY S/O RAGHUBANS MANI R/O DHAKIM TOLA
NAI BAZAR, SIWAN, P.O. & P.S.+DISTT.- SIWAN
4. PRABHAT SONY S/O RAGHUBANS MANI R/O DHAKIM TOLA
NAI BAZAR, SIWAN, P.O. & P.S.+DISTT.- SIWAN
5. SMT. USHA DEVI W/O SUBASH SONI R/O DHAKIM TOLA NAI
BAZAR, SIWAN, P.O. & P.S.+DISTT.- SIWAN
6. SMT. SANGITA SHARAF W/O SANTOSH SARAF R/O DHAKIM
TOLA NAI BAZAR, SIWAN, P.O. & P.S.+DISTT.- SIWAN
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02. 24.02.2011 Heard learned counsel for the petitioner.
It is submitted that the petitioner filed an
Eviction Suit No. 109 of 1994, when in Title Appeal No.
132 of 1998, he secured a decree for eviction to be
executed within three months. The Second Appeal
preferred by the tenant/defendant, S.A. No. 233 of
2003 was dismissed by this Court on 2.2.2007. A
Review Application No. 53 of 2007 preferred by the
tenant/defendant was also dismissed on 10.7.2007.
S.L.P. No. 9603 of 2007 preferred by the
tenant/defendant was also dismissed on 5.10.2007.
Notwithstanding all of which Execution Case No. 10 of
2003 remains pending and the petitioner is being
denied the benefits of the eviction decree.
If there be no orders of a competent Court of
2
Law in respect of the Execution Case No. 10 of 2003
staying delivery of possession, the present is a fit case
to direct that Execution Case No. 10 of 2003 be taken
to its logical conclusion within a maximum period of
two months from the date of receipt/production of a
copy of this order before Executing Court.
The District Magistrate and Superintendent
of Police, Siwan are directed to ensure necessary
deployment on the date and time so fixed for
execution, so that the decree in Execution Case No. 10
of 2003 is executed in finality on that date subject only
to the limitation as noticed hereinbefore.
The application stands disposed.
P.K. ( Navin Sinha, J.)