IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13179 of 2010 RAMESH CHANDRA SINGH, SON OF LATE JATADHARI SINGH, PROPRIETOR OF THE SHOP NAMED AND STYLED AS ‘KITAB GHAR’, CHOWK BAZAR, AZAD CHOWK, P.S. KOTWALI, P.O. AND DISTRICT MUNGER………………………...PETITIONER VERSUS SMT. MADHURI DEVI BHATNAGAR, WIFE OF NAWAL KISHORE BHATNAGAR, RESIDENT OF MOHALLA, NAYA GOWN, P.S. KOTWALI, P.O. AND DISTRICT MUNGER……………………………………………RESPONDENT. ----------- 02/ 01.09.2010 Heard learned counsel for the petitioner. This writ petition has been filed by the petitioner challenging order dated 29.07.2010 (Annexure-7) by which Munsif-II, Munger rejected Miscellaneous Case No.03 of 2010 filed by the petitioner under section 47 of the Code of Civil Procedure in Execution Case No.09 of 2001 which had arisen out of an Eviction Suit No.06 of 1994. The aforesaid eviction suit was filed by the sole plaintiff- respondent for eviction of the defendant-petitioner which was decreed and the said eviction decree of the trial court was affirmed by the lower appellant court as well as by the High Court. Thereafter the said Execution case proceeded in which an application under section 47 of the Code of Civil Procedure was filed by the defendant-petitioner which was registered as miscellaneous case claiming that the plaintiff- respondent had transferred the suit land to another person and hence he was not entitled for delivery of possession in the execution case. However, the court below found that there was no transfer by valid sale deed which fact could not be contradicted by learned counsel for 2 the petitioner. In the aforesaid facts and circumstances, this court does not find any illegality in the impugned order of the court below nor does it find any merit in this writ petition, which is accordingly dismissed. Harish (S.N. Hussain, J.)