IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL WRIT JURISDICTION CASE No.12193 of 2011 Dhrup Shahi & Ors Versus Babulal Shahi & Ors ---------------------------------- 02. 01.08.2011 Heard the learned counsel for the petitioners. This application under Article 227 of the Constitution of India has been filed by the defendants, judgment debtors against the order dated 19.05.2011 passed by the Subordinate Judge III, Gopalganj in Execution Case No.2 of 2008 whereby the learned Court below rejected the application filed by the petitioners to dismiss the execution application on the ground that the final decree passed by the Court below is against dead persons and, therefore, it is not executable. The learned counsel for the petitioner submitted that the defendant nos.1 to 3 in the partition suit died prior to preliminary decree which was passed in the year 1993 and thereafter some other persons have also died. The petitioners filed the death certificate in the Court below but the learned Court below held that the death certificate filed by the petitioner are not genuine and the same has not been issued by the proper authority and, therefore, rejected the application. From perusal of the impugned order, it appears that the learned Court below found that the name of Jagarnath Shahi has been struck off in the execution application because his legal representatives are already 2 on record from before. The learned Court below also found that so far death of Panwa Devi is concerned, no reliable evidence has been produced by the petitioners on the basis of which conclusively, it can be arrived that she died. Likewise, the learned court below also found that the death certificate with respect to Jagdish Shahi, Baikunth Shahi and Chandra Gokhul Shahi filed by the petitioners has been obtained on the basis of information given in 2009 and the said application appears to be created and forged. Likewise, the learned Court below also found that regarding death of Prabhawati Devi, no evidence has been adduced to prove that in fact, she died in 1986. On the basis of these findings, the learned Court below rejected the application filed by the petitioner. It is well settled principles of law that in exercise of jurisdiction under Article 227 of the Constitution of India, this Court cannot convert itself to an Appellate Court and reappraise the materials available on record and substitute its own view. Therefore, in my opinion, the finding recorded by the Court below on the basis of evidences available on record cannot be interfered with in this application under Article 227 of Constitution of India. Thus, this writ application is dismissed. Saurabh (Mungeshwar Sahoo,J.)