NURUDDIN @ NURUDDIN ANSARI Vs. MANKI MUNDA

JUDGEMENT

(1.) The present writ petition has been filed by the petitioners for quashing/setting aside the order dated 02.07.2007 (Annexure-5 to the writ petition), passed by the learned Subordinate Judge, IX, Ranchi in Execution Case No. 4/1999, whereby the learned court below rejected the amendment petition filed by the petitioners praying for amendment in the execution petition.

(2.) Learned counsel for the petitioners submits that the petitioners had filed Title Suit No. 223 of 1986-1996/70 for declaration of right, title and interest and delivery of possession in respect of three plots 396,218,551 of village Huzir of Khata No. 29 total area 69 acres against the defendants/respondents which was allowed vide judgment dated 28.08.98 and decree dated 8.9.1998 in favour of the plaintiffs/petitioners. It is further submitted that the decree dated 8.9.1998 was put in execution vide Execution Case No. 4/99 on 04.099 before the Court of Subordinate Judge, IX, Ranchi. Thereafter the Executing Court issued writ of D.P. in respect of plot no. 396 area 0.95 acres, plot no. 551 area 1.59 acres and plot no. 218, area 0.15 acres to give delivery of possession to the petitioners/plaintiffs. The Nazir, Civil Court, submitted his report on 16.07.2003 before the court of Subordinate Judge, IX, Ranchi and as per Nazir report, delivery of possession was given to the plaintiffs/petitioners in respect of lands covered under plot no. 396, area 0.95 acres and plot no. 551 area 1.59 acres. However, in respect of plot no. 218, area 0.15 acres, the delivery of possession could not be given by the Nazir, as there was a house on the said land. It is also submitted that after receipt of Nazir's report for effecting execution of the decree in respect of plot No. 218, area 0.15 acres, the petitioners filed an amendment petition on 25.05.2007 for amendment of the execution petition.

(3.) The proposed amendment was as follows:-