Patna High Court - Orders
Bhag Narayan Rai & Ors vs Hari Bans Roy & Ors on 12 July, 2016
Author: Mungeshwar Sahoo
Bench: Mungeshwar Sahoo
Patna High Court CWJC No.1697 of 2016 (2) dt.12-07-2016
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IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1697 of 2016
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Bhag Narayan Rai & Ors
.... .... Petitioner/s
Versus
Hari Bans Roy & Ors
.... .... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Manoj Kumar Manoj
For the Respondent/s : Mr.
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CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR
SAHOO
ORAL ORDER
2 12-07-2016Heard the learned counsel for the petitioners.
Perused the order dated 24.09.2015 passed by the learned Execution Munsif, Muzaffarpur in Execution Case No.16/12 of 2011.
From perusal of the impugned order, it appears that the Court below has assigned good reasons and also has considered various decisions of the Supreme Court as well as the High Court and then has rejected the objection filed by the petitioners. The objection filed by the petitioners is not levelled under any provision of the Code of Civil Procedure.
However, the judgment debtor has the right to file objection under Section 47 of the C.P.C. When the Court below has found that plot number is wrongly typed, in my opinion, on this factual aspect only, the impugned order cannot be interfered with particularly when the objection has rightly been rejected by Patna High Court CWJC No.1697 of 2016 (2) dt.12-07-2016 2 the Court below in view of the decision of the Supreme Court, AIR 2001 Supreme Court 2551.
Thus, I find no reason to interfere with the impugned order. Accordingly, this writ application is dismissed.
(Mungeshwar Sahoo, J) Saurabh/-
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