SANJAY SONAR Vs. KABITA DEVI

JUDGEMENT

(1.) This writ petition is under Article 227 of the Constitution of India, whereby and whereunder, the order dated 03.05.2019, passed in Execution Case No. 5/13 by the Munsif, Koderma is under challenge by which the objection filed by the petitioners vide petition dated 05.02.2018 raising the maintainability of the Execution proceeding on the ground that no degree has been passed by the trial court for delivering the possession of the property in question.

(2.) The brief facts of the case of the petitioners, as per the pleadings made in the writ petition, is that a Title Suit being Title Suit No. 21 of 2007 has been filed by the respondents for the following reliefs :-

(3.) In the said suit, the ex parte decree was passed on 03.03.2009. In consequence upon the same, the decree was signed on 20th March, 2009, whereby and whereunder the decree has been passed, which reads hereunder as:-