RAM KRIPAL SINGH Vs. RAM SHARAN PRASAD SINGH

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) This Civil Miscellaneous Application has been filed under Article 227 of the Constitution of India against the order dtd. 11/6/2018 passed by learned Execution Munsif, Patna in Execution Case No. 73 of 2017.

(3.) The brief facts of this case are that the petitioner had filed Title Suit No. 15 of 2006 for recovery of possession which was dismissed by the judgment and decree dtd. 30/11/2010. Aggrieved by the said judgment and decree, the petitioner preferred Title Appeal No. 140 of 2010 which was allowed by the judgment and decree dtd. 15/12/2016 whereby the judgment and decree of the trial Court was set aside and the suit filed by the plaintiff / petitioner was decreed. The petitioner filed an Execution Case being Execution Case No. 73 of 2017. The judgment debtor / respondent taken objection to the fact that the said Execution Case is not sustainable and against the law as the decree of the learned Appellate Court does not contain description of the property hence the Execution Case is not fit to proceed. The Executing Court after hearing the parties passed the impugned order which has been challenged in this Civil Miscellaneous Application.