RAM BABU RAI Vs. NACHARI MISHRA

JUDGEMENT

(1.) Following are the releifs sought in the present application filed under Article 227 of the Constitution of India:-

(2.) The said impugned order, dated 20.04.2017, has been passed in Execution Case No. 31 of 2015 (CIS No. 68 of 2015) by the executing Court on an application filed by the petitioner, who was defendant in Title Suit No. 125 of 1998. In the said application, he had questioned the very maintainability of the Patna High Court C.M isc. No.936 of 2017 dt.15-11-2017 execution case, on the ground that the decree of the appellate Court, sought to be executed, was a nullity and, therefore, inexecutable.

(3.) Before I take note of the submissions made by Mr. Yogendra Mishra, learned Senior Counsel, appearing on behalf of the petitioner, certain brief facts are to be taken note of first.