SUBA RAI Vs. BINDESHWAR RAI

JUDGEMENT

(1.) THIS civil revision has been filed by the defendant -judgment debtor -petitioner against order dated 25.03.2006 by which the learned Civil Judge I (S.D.), Vaishali at Hajipur disposed of Miscellaneous Case No. 11 of 2001 filed by the petitioner under Section 47 of the Code of Civil Procedure (hereinafter referred to as 'the Code' for the sake of brevity) and rejected his claim for dismissing the execution petition bearing Execution Case No. 05 of 2000 filed by the plaintiff -decree holder -opposite parties as not maintainable.

(2.) PARTITION Suit No. 35 of 1952 (12/1964) was filed by opposite party 1st set for partition of the suit properties, which was decreed on 27.01.1964 and a preliminary decree of partition was prepared, which was challenged by the defendant -petitioner in First Appeal No. 445 of 1964, which was dismissed by this Court on 11.08.1970. Thereafter, final decree was also prepared by the learned Additional Subordinate Judge, Ist Court, Muzaffarpur, on 14.12.1975, which was challenged by the defendant -petitioner in First Appeal No. 160 of 1977 but the same was dismissed by this Court, which order/judgment was upheld by the Division Bench of this Court in L.P.A. and also by the Hon'ble Supreme Court in S.L.P.

(3.) AGAINST the said order of the learned executing court, the defendant -petitioner filed Civil Revision No. 1893 of 2004, which was heard on 04.08.2005 (Annexure 2) and this Court arrived at the following findings: