This court dismissed an application alleging non-compliance of a previous order in Execution Case No.02 of 1999. The court found that delivery of possession on 04.10.2013 constituted compliance.
The application is dismissed. The petitioners are directed to approach the appropriate forum if they have any other grievance.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Jurisdiction Case No.4551 of 2013
In
The application alleges that the learned court below in
Patna High Court MJC No.4551 of 2013 (7) dt.02-07-2014
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seisin of Execution Case No. 02 of 1999 has not carried out the order dated 19.09.2012 passed by this Court in CWJC No. 14284 of 2012. This Court by the said order directed the learned court to take needful steps for expeditious disposal of Execution Case No.02 of 1999(wrongly noticed as Eviction Case No.02 of 1999).
The petitioner has filed a supplementary affidavit enclosing therewith upto date order-sheet of Execution Case No.02 of 1999 wherefrom it appears that delivery of possession of the subject land was made over by the Nazir of the court on 04.10.2013 in favour of the sons of the plaintiff. The contention of the petitioner that Execution Case has not finally been terminated in view of aforesaid does not appear to be well founded. This Court would treat the delivery of possession of the subject property as compliance of the order passed on the writ petition.
If the petitioner has any other grievance he may approach the appropriate forum for ventilation of the same. The application is dismissed.
(Kishore Kumar Mandal, J)
HR/-
U
1 issue framed by the court
Whether the learned court in Execution Case No.02 of 1999 complied with this Court's order dated 19.09.2012 by delivering possession of the subject land.
Lalmuni Devi
The State of Bihar
Kishore Kumar Mandal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
