ABHINANDAN JHA ALIAS ABHED JHA Vs. ANANT MISHRA

JUDGEMENT

(1.) THE judgment -debtor -petitioners have filed this Civil Revision against the order dated 19.4.2003 passed by the Munsif, Ist, Madhubani, rejecting their objection under section 47 of the Code of Civil Procedure (hereinafter referred to as the Code).

(2.) THE plaintiff -opposite Ist party (decree -holders) filed Title Suit No. 31 of 1999 in the court of the Munsif Ist, Madhubani, for declaration of title and possession over Schedule -I land and for eviction and permanent injunction against the petitioners over scheduIe -II land. The said suit was decreed ex parte on 14.10.1999. The petitioners have filed Title suit No. 39 of 2001 challenging the said decree, which has been dismissed and an appeal is pending at the instance of the petitioners.

(3.) THE operative portion of the decree runs as follows : "Defendant Ist set is directed to hand over the vacant possession of land described in Schedule II of plaint within a month from the date of the order. In case of default, plaintiff may get the possession over the suit land through process of the court."