IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.53063 of 2007 1. SINGHESHWAR RAI son of Lakhushi Rai, 2. Ram Parikshan Rai son of Sri Muneshwar Rai, 3. Shyam Rai son of Sri Muneshwar Rai, 4. Gopal Rai son of Sri Sidheshwar Rai, & 5. Dharmendra Rai son of Sri Sidheshwar Rai All resident of village- Sakra Paridapur, P.S. Sakra, P.O. Dholi, District- Muzaffarpur ...Petitioners Versus 1. THE STATE OF BIHAR & 2. Habibar Rahman son of Late Abdul Aziz, resident of village- Sakra Paridpur, P.S. Sakra, P.O. Dholi, District-Muzaffarpur …Opposite Parties ----------- For the petitioner : M/s S. R. C. Pandey, & Amit Anand, Advocates For the State : Mr. B. N. Pandey, APP For the OP No.2 : M/s Arvind Kumar Verma & Pawan Kumar, Advocates ---------- 6/ 16.04.2010 Heard learned counsel for parties. The petitioners are aggrieved by order dated 20.10.2006 passed in case No. M-8/99 / Tr. No.115 of 2006 by the Executive Magistrate Sri Vijay Kumar, Muzaffarpur, East, by which he has declared the possession of the first party-opposite party no.2 and are also aggrieved by the order of the 5th Additional Sessions Judge, Muzaffarpur, dated 14th August, 2007, passed in Cr. Revision No.204 of 2006, who in revisional capacity has also refused to interfere with the order of the original court. Opposite party no.2 was noticed in the present application and he has appeared through vakalatnama. The case of the petitioners is that the Executive Magistrate has committed error in declaring the possession of the first - 2 - party-opposite party no.2 on non-existent facts and on sale deed which was subsequent in time even though his title was well established. I am not inclined to enter into the merits of the case at this stage as I find no illegality in the order of the revisional court. In the result, the application is dismissed. JA/- (Anjana Prakash, J.)