IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.18518 of 2011
Tapeshwar Choudhary
Versus
Surendra Choudhary
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05. 16.11.2011 Heard the learned counsel for the petitioner.
This writ application has been filed under Article
227 of the Constituting of India against the order dated
2.9.2011 passed by Munsif-II, Begusrai in Title Execution
Case No. 7 of 1995 whereby the learned court below
called for the original record of Title Suit No. 69 of 1991
for the purpose of deciding the objection under Section 47
read with 151 C.P.C. filed by the respondents in Title
Execution Case. So far the impugned order dated 2.9.2011
is concerned, it appears that the court below has only
called for the record of the title suit and, therefore, still
the objection filed by the respondent has not been decided
and moreover, admittedly, the petitioner filed rejoinder to
the objection.
In such circumstances, the Executing Court has
only called for the original record of the title suit therefore,
by the order the rights of the party have not been decided.
I therefore, find no jurisdiction error in the impugned
order and accordingly, this writ application has got no
merit and thus, it is dismissed. However, the Executing
Court shall dispose of the objection after hearing the
parties as early as possible.
S.S. (Mungeshwar Sahoo,J.)