POONAM DEVI Vs. ARTI DEVI

JUDGEMENT

(1.) Heard Mr. S.S. Dwivedi, learned senior counsel appearing for the petitioner and the learned counsel who has appeared for the opposite party no.1.

(2.) This civil revision application has been filed against the order dated 07.09.2013 passed in Miscellaneous Case No.08/2013 by learned Sub Judge I, Munger whereby the learned court below has rejected the petition filed by the opposite party-petitioner praying for rejection of the Miscellaneous Case initiated on the petition filed under Order 21 Rule 99 C.P.C by the opposite party no.1.

(3.) The facts are not in dispute that the petitioner filed the suit for specific performance of contract against the opposite party no.2. The said suit was eventually decreed and thereafter the sale deed was also executed through the process of the court in favour of the petitioner in execution proceeding levied thereafter by the decree holder-petitioner. The delivery of possession was effected by the executing court on 09.04.2013. After recording its satisfaction the execution case was disposed of on 25.04.2013.