IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC NO.274 OF 2010 MOSAMAT HEENA KAYNAT, WIFE OF LATE ATTAUL KARIM, RESIDENT OF MOHALLA KAUWAL TOLI, PHULWARISHARIF, P.S. PHULWARISHARIF, DISTRICT PATNA………………………………………………PETITIONER VERSUS 1. THE STATE OF BIHAR 2. THE DIRECTOR GENERAL OF POLICE, BIHAR, PATNA 3. THE DEPUTY INSPECTOR GENERAL OF POLICE, CENTRAL RANGE, BIHAR, PATNA. 4. THE SENIOR SUPERINTENDENT OF POLICE, BIHAR, PATNA 5. THE CITY SUPERINTENDENT OF POLICE, PATNA 6. THE DEPUTY SUPERINTENDENT OF POLICE, PHULWARISHARIF, PATNA 7. THE OFFICER INCHARGE-CUM-INSPECTOR OF POLICE, PHULWARISHARIF P.S., DISTRICT PATNA 8. SURENDRA KUMAR SINGH, NAZIR, NAZARAT, CIVIL COURT, PATNA 9. HIRDY RAM, PEON, CIVIL COURT, PATNA, DISTRICT PATNA 10. MD. KALIMUDDIN, A.S.I. P.S. PHULWARISHARIF 11. SHAHBAZ KHAN, SON OF MD. GULAM GAUS @ MD. SAMSI KHAN, RESIDENT OF KAUWAL TOIL, PHULWARISHARIF, DISTRICT PATNA……………………………………………..…………RESPONDENTS ----------- 2. 05.04.2010 It is admitted position that the petitioner has been evicted from the house, pursuant to execution of an eviction decree passed by the learned Munsif 1st, Patna. Learned counsel for the petitioner submits that the house in question was not the property involved in the suit. He also submits that the petitioner was not a party in the eviction suit and, therefore, judgment and - 2 - decree of the court below is not binding upon her. He submits that in execution of the decree, petitioner has wrongly been evicted. Since, admittedly, the eviction is pursuant to the execution proceeding of a decree, remedy of the petitioner lies with the court below which had issued the decree. This writ application for restoring possession of the petitioner is misconceived and it is dismissed. B.T (J. N. Singh, J.)