SURENDRA MISHRA @ SURENDRA PRASAD MISHRA Vs. TRIPTY SINHA

JUDGEMENT

(1.) Heard learned counsel for the petitioner.

(2.) This writ petition has been filed by the defendant Judgment debtor-petitioner challenging the order dated 05.06.2010 by which Munsif 2nd; Bhagalpur dismissed Misc. Case No. 13 of 2010 which was filed by the petitioner under Section 47 of the Code of Civil Procedure in Title Execution Case No. 3 of 2007.

(3.) It transpires that the plaintiffs (Tripty Sinha and her husband Late Sunil Kumar Sinha) decree holder filed Eviction Suit No.2 of 1993 for eviction of the defendant -judgment debtor-petitioner from the suit premises on the ground of personal necessity. The said suit was decreed on contest vide judgment and decree dated 14.2.2007 which was challenged by the defendant-petitioner in this Court but this Court also affirmed the aforesaid judgment and decree of the Trial Court.