IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9537 of 2011 YOGENDRA SAHANI & ANR Versus BHOLA MAHTO & ANR ----------- 02. 22.06.2011 Heard the learned counsel for the petitioners. This writ application has been filed for setting aside the impugned order dated 17.02.2011 passed by Munsif Sadar, Sitamarhi in Execution Case No.15 of 2005 whereby the objection filed by the petitioner under Section 47 of the Code of Civil Procedure has been rejected. It appears that objection under Section 47 was filed by the petitioner before the Executing Court on the ground that the plaintiff-respondent had not prayed for recovery of possession of the suit property in the plaint and, therefore, this Execution case is not maintainable. From perusal of the impugned order, it appears that the learned Executing Court considering the judgment of the Appellate at paragraph 8, 10 and 19 came to the finding that there is already alternative relief for recovery of possession. From perusal of appellate judgment at para 19 it appeal that the appellate court has held so. In such view of the matter, I do not find any merit in this writ application and accordingly, this writ application is dismissed. Saurabh ( Mungeshwar Sahoo, J.)