ARUN CHAND DAS Vs. VIJAY KUMAR

JUDGEMENT

(1.) Heard Mr. K. N. Choubey, learned Senior Counsel for the petitioners.

(2.) He has submitted that the instant application under Article 227 of the Constitution of India has been filed by the petitioners for directing the learned Munsif, Araria to dispose of the petition filed under Order 21, Rule-97 of the Code of Civil Procedure (for short 'C.P.C.') in Title Execution Case No.01of 2005/ 04/2006 by the respondent nos.12 and 13 within reasonable period.

(3.) He has contended that one Arun Chand Das had filed Title Suit No.195 of 1955 against Bijay Kumar Jaiswal for the land of Mauza-Bhag Pokhar, Khata No.113, Khesra No.470, area 2 Katha 16 dhur, with the relief of declaration of title and recovery of possession asserting dispossession since 1948. The said title suit was decreed on 16.07.1963 in part and the Court below had directed the defendants to deliver the vacant possession of suit land. Against the said decree, the plaintiff and defendants had filed Title Appeal No.255 of 1963 and 257 of 1963 respectively, in which also the appellate Court vide common judgment dated 02.05.1978 allowed the Title Appeal filed by decree holder and dismissed the title appeal filed by the respondent first set. Against the said judgment, Second Appeal Nos.355 of 1978 and 354 of 1978 were filed before this Court and the matter was remanded to the appellate Court to consider the matter afresh. Ultimately, Title Appeal No.255 of 1963 was allowed whereas Title Appeal No.257 of 1963 was dismissed against which the respondents first set filed two appeals bearing Second Appeal No.114 of 1987 and 115 of 1987 before this Court and vide judgment dated 03.02.2015, both the second appeals were dismissed by this Court. Against the dismissal of appeal, the respondent first set preferred S.L.P. No.14818 and 14819 of 2015 before the Hon'ble Supreme Court, which were converted to S.L.P. (C) No.24302-24303 of 2015. The S.L.Ps were dismissed on 21.08.2015. Thereafter, the respondent first set filed Review Petition (C) Nos.1405-1406 of 2016 before the Hon'ble Supreme Court, which were also dismissed on 18.02.2016. The curative petition nos.293-294 of 2016 were also dismissed on 03.02.2016. After dismissal of the aforesaid cases of respondent first set, the petitioners filed Title Execution Case No.01 of 2005 on 09.08.2005 for execution of the decree dated 29.07.1963 passed in Title Appeal Nos.255 of 1963 and 257 of 1963. The execution Court after hearing the parties, vide order dated 28.10.2016, issued delivery of possession order and directed the Nazir to submit a report within a fortnight.