(1.) Heard Mr. Shivnandan Roy, learned counsel appearing on behalf of the petitioner and Mr. Pramod Manbansh, learned counsel for the respondents. With the consent of the parties the matter has been taken up for disposal at the stage of admission.
(2.) This application under Article 227 of the Constitution of India has been filed questioning the order dated 5.6.2012 passed by learned Sub-Judge-IV, Begusarai in Misc. Case No. 19 of 2011 arising from Title Execution Case No. 3 of 1995 whereby the learned Court below has been pleased to dismiss the Misc. Case filed on behalf of the petitioner under Order 21 Rule 97 of the Code of Civil Procedure at the stage of admission.
(3.) For appreciating the matter in issue it would be necessary to exposit the brief facts of the matter which are germane to the issue under consideration.