This order dealt with a civil miscellaneous petition concerning the non-execution of a decree in an execution case. The court directed the lower court to endeavour to deliver the Dakhildar Chit within two months.
Direction to the lower court to deliver Dakhildar Chit within two months.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL MISCELLANEOUS JURISDICTION No.95 of 2021
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Versus
... ... Respondent/s
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Appearance : For the Petitioner/s : Mr.Vijay Kumar For the Respondent/s : Mr.
Patna High Court C.Misc. No.95 of 2021(2) dt.23-11-2021 2/2
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CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY
ORAL ORDER
2 23-11-2021
Heard learned counsel for the petitioners.
The learned counsel for the petitioners has submitted that in Title Suit No. 43 of 2003 decree was passed on 06.02.2006 by the learned Sub-Judge-III, Danapur. Execution Case No. 03 of 2006 was filed on 26.05.2006, but still the decree has not been executed. The xerox copy of order sheets of Execution Case No. 03 of 2006 have been filed by the petitioners which shows that on 21.01.2012 the court below has directed the decree holder to furnish Nazir Kharch for execution of the decree. In compliance of the order, the decree holder has deposited the expenditure fee Rs.500/- on 21.04.2012, but still Dakhaldahani has not been given up till now. The order sheet shows that only routine order have been passed by the court below.
The learned court below is directed to take all endeavours
that the Dakhaldahani may be given within a period of two months.
With the above observation/direction, this civil miscellaneous petition is being disposed of.
(Nawneet Kumar Pandey , J)
Mahesh/-
U
1 issue framed by the court
Whether the lower court should be directed to expedite the execution of the decree by delivering Dakhildar Chit within a specific period.
Lalandhari Singh @ Tubu Singh @ Ravi Shankar and others
Lara Rai and others
Nawneet Kumar Pandey
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
