Disposed

Bhairav Singh v. Monorma Devi and Ors.

Patna HC18 Oct 2012C.R./157/2012

Case brief

AI extract

What is this about?

In this oral order, the Patna High Court noted the petitioner's petition in Civil Revision No. 157 of 2012 seeking revision against an order allowing delivery of possession. Instead of deciding the main application immediately, the Court authorized the petitioner's counsel to convert the application into one filed under Article 227 within four weeks, relying on precedent.

What did the court decide?

Permission granted to convert the civil revision application into an application under Article 227 of the Constitution within four weeks.

Bhairav Singh Vs Monorma Devi and Ors. — Property and Title | Patna HC (2012)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Revision No.157 of 2012 ====================================================== Bhairav Singh .... .... Petitioner/s Versus Manorma Devi & Ors. .... .... Opposite Parties ====================================================== Appearance : For the Petitioner/s : Dr. Amrendra Kumar, Adv. For the Respondent/s : ……………….. ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 3 18-10-2012 Heard Dr. Amrendra Kumar No.1, learned counsel for the petitioner.

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The petitioner is aggrieved by the order dated 21.7.2012 passed by learned Munsif, Khagaria in Execution Case No. 03 of 1990 whereby the application filed by the plaintiff-opposite party 1^st set- the decree holder, has been allowed and the learned Executing Court has ordered for delivery of possession.

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The suit in question arising from Title Suit No. 14 of 1981 was filed by the plaintiff-opposite party 1^st set for declaration of their title over the schedule-II land by virtue of sale deed dated 28.1.1990 in favour of the plaintiff and against which the defendants preferred an appeal bearing Title Appeal No. 11 of 1988 and which stood dismissed for non-compliance of the peremptory order passed by the appellate Court. Even restoration application in Misc. Case No. 1 of 2012 stands dismissed and

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Patna High Court C.R. No.157 of 2012 (3) dt.18-10-2012

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against which a civil revision application has been filed.

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However, in so far as the present application is concerned, considering the prayer made herein and in view of the Division Bench pronouncement in the case of in the case of Durga Devi & Ors. Vs. Vijay Kumar Poddar & Ors. reported in 2010 (2) PLJR 954, learned counsel for the petitioner is permitted to convert this civil revision application into an application under Article 227 of the Constitution of India within a period of four weeks.

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(Jyoti Saran, J)

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Bibhash/-

Bhairav Singh v. Monorma Devi and Ors.

Case brief

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Bhairav Singh v. Monorma Devi and Ors.

Case brief

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