IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.399 of 2007 1. Mostt. Roop Kanti Devi, wife of late Ram Sringar Rai 2. Jai Ram Rai 3. Shri Ram Rai 4. Shri Narain Rai Nos. 2 to 4 sons of late Ram Sringar Rai All residents of village Panapur Khurd, P.O. Bishunduttpur, P.S. Kanti, District Muzaffarpur. ….Defendants-Judgments Debtors-Petitioners. -versus- 1. Raj Narain Rai, son of late Ramchandra Rai 2. Shyama Devi, daughter of late Ram Chandra Rai …Plaintiffs-Judgment Debtors-Opposite Party 1st party. 3. Shatrughan Rai, son of late Ram Chandra Rai, 4. Ram Nandan Rai, son of late Ram Lakhan Rai All residents of village Panapur Khurd, P.O. Bishunduttpur, P.S. Kanti, District Muzaffarpur. 5. (i) Mostt. Sushila Devi, wife of late Ram Sewak Rai (ii) Veena Devi, D/o late Ram Sevak Rai (iii) Arvind Rai (iv) Jitendra Rai alias Ranjeet Both sons of late Ram Sewak Rai. 6. Kapildeo Rai, son of late Ram Lakshan Rai 7. Smt. Saraswari Devi, w/o Sri Chandeshwar Sharma D/o Ram Lakshan Rai, All residents of village Panapur Khurd, P.O. Bishunduttpur, P.S. Kanti, District Muzaffarpur. …..Defendants-Judgment Debtors-Opposite Parties. 8. Shankar Prasad Rai 9. Yogendra Rai Both sons of late Ram Shingar Rai All residents of village Panapur Khurd, P.O. Bishunduttpur, P.S. Kanti, District Muzaffarpur. 10. Raj Kumar Chakradhari 11. Om Prakash Sharma Both sons of Sri Shankar Pd. Rai Both residents of village Panapur Khurd, P.O. Bishunduttpur, P.S. Kanti, District Muzaffarpur. ….Defendant no.5(c)&(5/d)-Decree holders-Opp. Parties 3rd set. 12. (i) Tej Narain Singh (ii) Narain Singh (iii) Awadh Singh All sons of late Suraj Devi, wife of late Mahendra Singh All resident of village Jasoda Math, P.O. Bakathpur, P.S. Kanti District Muzaffarpur. (iv) Sinhanti Devi, D/o late Suraj Devi, w/o late Mahendra Singh, All resident of village Jasoda Math, P.O. Bakathpur, P.S. Kanti, District Muzaffarpur. …..Defendants/Judgment Debtors-Opp. Parties 4th set. ------ 2 For the Petitioners : Mr. Binay Krishna Shukla, Advocate. For the Opp. Parties : None. -------- 03/ 06.08.2009 Heard learned counsel for the petitioners. 2. This civil revision has been filed by the judgment debtors-petitioners challenging order dated 21.11.2006, by which learned Subordinate Judge-II, Muzaffarpur rejected the objection filed by the petitioners in Execution Case No. 02 of 1997 and confirmed the delivery of possession made on 30.08.1996 in terms of the final decree. 3. It transpires that Partition Suit No. 140 of 1984 was filed by the plaintiffs-decree holders-opposite parties 1st set for partition of the suit land and for other ancillary reliefs and the said suit was decreed on 11.02.1994 and a preliminary decree was prepared by the trial court, which was challenged by the defendants- petitioners in First Appeal No. 348 of 1994. 4. It further transpires that thereafter takhtabandi etc. were completed and final decree was prepared by the learned trial court in F.D. No. 140 of 1984 in the year 1996, against which First Appeal No. 184 of 1997 was filed by the defendants-petitioners. Both the aforesaid first appeals are pending in this court for final hearing after being admitted. 5. It also transpires that for execution of the aforesaid final decree Execution Case No. 02 of 1997 was initiated and after due process possession was given as per the said final decree to 3 which an objection was raised by the judgments-debtors, which was rejected and delivery of possession was confirmed by the executing court vide its impugned order dated 21.11.2006. 6. In the said circumstances, it is quite apparent that the execution case has proceeded in accordance with the final decree and unless the final decree is set aside or amended, it cannot be said that there was any illegality in the proceeding of the execution case. 7. In the said circumstances, this Court does not find any illegality in the impugned order of the learned court below nor does it find any error of jurisdiction therein. Accordingly, this civil revision is dismissed. MPS/ ( S. N. Hussain, J. )