SUMITRA DEVI Vs. MOST SUMITRA DEVI

JUDGEMENT

(1.) This writ petition is under Article 227 of the Constitution of India whereby and whereunder order dated 27.05.2016 passed in Execution Case No. 4 of 2003 has been assailed whereby the relief sought for by the applicant, as has been made in the petition dated 01.08.2015, seeking amendment in the plaint pertaining to execution, has been allowed.

(2.) The brief facts of the case, as per the pleadings made in the writ petition, is that a declaratory suit has been filed by the plaintiff/respondent/decree holder, being Title Suit No. 88 of 1996 before the Court of Munsif, Giridih for a decree of perpetual and permanent injunction restraining the defendants from eviction and restraining them from making any change in the nature of the suit and subsequently by way of amendment seeking relief for compelling the defendant to restore the possession of the suit premises to the plaintiff and in case of default, the plaintiff be put in possession therein through the process of law. The suit has been dismissed vide judgment dated 23.06.1998 and decree sealed and signed on 06.07.1998.

(3.) The respondent/plaintiff/decree holder had filed Execution Case, being Execution Case No. 4 of 2003 for execution of decree dated 19.09.2002 passed in Title Appeal No. 17 of 1998.