AMRIT RAI SHARMA Vs. ARUN KUMAR SINHA

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) THE petitioners -judgment debtors have filed this civil revision against the order dated 11.2.2002 passed in Execution Case No. 207/1950, by which the learned Sub -ordinate Judge III, Gopalganj has rejected their petition for amendment of the execution application by way of adding 8 Dhurs 10.5 Dhurkis thereto.

(3.) FOR execution of the aforesaid decree Execution Case No. 207 of 1950. was filed by the petitioners in which survey knowing Pleader Commissioner was appointed for delivery of possession, but by mistake the entire area of 14 Dhurs and 3 Dhurkis were mentioned in the execution petition and the writ issued to the Commissioner. When the said matter came to light the petitioners filed a petition for amendment of the execution petition for restricting the land to 1 Dhur 11 Dhurkis only. However, the writ issued to the Commissioner could not be amended, due to which the delivery of possession was executed on 4.4.1954 for the entire land, whereafter Misc. Case No. 95/1954 was filed for setting aside the said report and the delivery of possession, which was allowed on 17.8.1960 and the report was set aside. Consequently Misc. Case No. 141 of 1961 was filed by the predecessor of the opposite party 1st set for restitution of possession, but the same was dismissed by the Executing court and the Misc. Appeal No. 207/1962 arising out of the said order was also dismissed by the lower appellate court, whereafter the predecessor of the opposite party 1st set filed Misc. Appeal No. 241 of 1963, which was allowed by this Court and the matter was sent to the Executing court for restitution. It appears that since then the matter remained pending and it was only on 3.6.1999 that the petitioners filed a petition for amendment of their execution application by way of adding 8 Dhurs 10.5 Dhurkis thereto. This petition has been rejected by the learned 3rd Subordinate Judge, Gopalganj vide impugned order dated 11.2.2002 passed in Execution Case No. 207 of 1950.