IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.2094 of 2007 SMT.SHIV KUMARI RAI @ SHIV KUMAR RAI, WIFE OF SRI BADRI NARAYAN RAI, RESIDENT OF MOHALLA SHIV WAKS GANJ, WARD NO.3 MADHUBANI TOWN, P.O. & P.S. & DISTRICT MADHUBANI... JUDGMENT DEBTOR-PETITIONER Versus 1. DR.BINOD PANJIYAR 2. PRAMOD PANJIYAR, BOTH SONS OF LATE YAMUNA PANJIYAR 3. SMT. MINA MAHTO 4. SMT. MANJU MAHTO 5. SMT. REKHA MAHTO, ALL DAUGHTERS OF LATE YAMUNA PANJIYAR 6. MOST GAYATRI PANJIYAR, WIDOW OF LATE YAMUNA PANJIYAR ALL RESIDENTS OF KASAWE MADHUBANI WARD NO.4, MOHALLA R.K.COLLEGE ROAD, MADHUBANI, P.O. & P.S. & DISTRICT MADHUBANI………..…DECREE-HOLDER-OPPOSITE PARTIES ----------- 2. 06.04.2009 Heard learned counsel for the petitioner. This civil revision application has been filEd by the judgment debtor against the order dated 4.8.2007 passed by the learned Munsif Ist, Madhubani in Title Execution Case No.3/2002 by which the petition of the judgment debtor dated 12.3.2007 has been rejected. By the said petition, the judgment debtor has claimed that decree is not executable as the area of the land to the extent of 2 kathas 12 dhurs in respect of which decree has been passed, is not possible to be identified from the area of the plot consisting of 4 kathas 7 dhurs as boundary of the said plot of 2 kathas 12 dhurs has not been mentioned in the decree. - 2 - By reading the judgment and decree together, the court below has considered the fact that the said area of 2 kathas 12 dhurs can be easily identified. However, the court below has also found that the said petition filed by the judgment debtor was neither affidavited nor contained the signature of the judgment-debtor. In that view of the matter, learned counsel for the petitioner prays to withdraw this application with liberty to the judgment debtor to file a fresh petition with a proper affidavit before the court below for the purpose. In case such a petition is filed by the judgment debtor, the court below shall consider the same in accordance with law on its own merit. With the aforesaid observation and direction, this civil revision application is disposed of as withdrawn. B.T. (J.N. Singh, J.)