ANNU DEVI Vs. SHWETA SINHA

JUDGEMENT

(1.) Instant civil miscellaneous petition has been filed against the order dtd. 16/9/2025 passed in Execution Case No.02 of 2020 passed by Civil Judge (Sr. Div.)- II, Koderma, whereby and whereunder Civil Misc. Case No.06 of 2025 filed by the decree holder along with analogous cases, has been allowed dismissing the objection raised by the petitioners to the execution of decree.

(2.) The execution case arises out of Partition Suit No.12 of 2005 in which preliminary decree has attained finality, and final decree has been drawn accordingly and levied for execution.

(3.) Decree holder filed the petition under Order XXI Rule 97 of the CPC in which the obstructionists filed their objections inter alia on the ground that the land under Khata No.106, Plot No.5863, area 26 decimals, village Gumo, P.S. Telaiya, District Koderma was purchased by Bandi Prasad through registered Sale Deed No.15578 dtd. 12/7/1974. Other plots of land were also purchased by Bandi Prasad by Khatiyani Raiyats, who died leaving behind his four sons namely Kamal Kishor Prasad, Vimal Prasad, Sheetal Prasad, Dudheshwar Prasad Sinha and three daughters namely Shanti Sahay, Sushila Shrivastav and Meera Shrivastav. It is further averred in the objection petition that there had been a partition between Bandi Prasad and other joint family members. It is contended that Kamal Kishor Prasad, son of Bandi Prasad sold 18 decimals of land of Plot Nos.5865 and 5864 from his allotted share to Chandan Kumar Barnwal through registered sale deed on 8/6/2009, who got it mutated in his name and is paying rent to the State.