Writ application challenging auction sale of petitioner's property. Court held that under Section 144 CPC, remedy is via special suit. Liberty granted to file suit for restitution. Application disposed with liberty.
Liberty granted to petitioner to file a suit for restitution of property sold in execution of a decree.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.5152 of 2006
| ====================================================== Bibi Kalma Begam, w/o Sher Mohammed, resident of village Kaulpur, P.S. Turkauliya, District East Champaran |
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| .... .... Petitioner Versus 1. The State Of Bihar. 2. The Collector, East Champaran, Motihari–cum - District Certificate Officer. 3. Sub-Divisional Officer, Areraj cum Certificate Officer, Areraj, East Champaran. 4. Anchal Adhikari, Turkaulia, East Champaran .... .... Respondents ====================================================== |
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Appearance : For the Petitioner : Mr. Javed Aslam Mr. Naresh Dass Mr. Shri Prakash Srivastava Mr. Rajeev Ranjan |
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| For the Respondents : Mr. Roy Shivaji Nath AAG3 ====================================================== |
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CORAM: HONOURABLE MR. JUSTICE JAYANANDAN SINGH ORAL ORDER |
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| 7 | 03-09-2012 In this writ application petitioner has challenged an order |
| of the Certificate Officer Areraj, East Champaran dated | |
| 05.01.2005, passed in Case No.1 of 2004-2005 by which property of the petitioner has been auction sold. |
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| Learned counsel for the petitioner submits that property belonged to the petitioner and not judgment debtor who was the husband of petitioner. He submits that under Mohammedan law there is no presumption that the property was joint family property. He submits that sale, therefore, is vitiated and the same is required to be set aside. Learned counsel has referred to Section 144 of the Code of |
Patna High Court CWJC No.5152 of 2006 (7) dt.03-09-2012
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Civil Procedure in respect of the restitution of property sold in execution of a decree. The said section shows that party claiming for restitution of property has to file a suit for getting the auction set aside.
In view of the said provision learned counsel for the petitioner submits that liberty may be granted to petitioner to file an appropriate suit for the purpose.
This writ application is, accordingly, disposed of with the aforesaid liberty to the petitioner.
(Jayanandan Singh, J)
B.T/-
1 issue framed by the court
Whether liberty should be granted to the petitioner to file a suit for restitution of property sold in execution of a decree under Section 144 CPC.
1 provisions across 1 enactments
Bibi Kalma Begam
The State Of Bihar
The Collector, East Champaran, Motihari
Sub-Divisional Officer, Areraj
Anchal Adhikari, Turkaulia
Jayanandan Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
