IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.76 of 2007 KAULESH @ KAILASH KUMAR UPADHYAY @ KAULESHWAR KUMAR UPADHYAY Versus NARBDESHWAR UPADHYA & ORS ----------- 03. 02.05.2008 This civil revision has been filed on behalf of decree holder- petitioner challenging order dated 04.03.2006 by which the learned Subordinate Judge-IV, Ara, dismissed Misc. Case No. 05 of 1999 which was filed by him. This matter arises out of Partition Suit No. 56 of 1976, which was filed by the decree holder-petitioner for partition of the suit property. The said suit was decreed and final decree was prepared whereafter Execution Case No.03 of 1986 started. It further transpires that the judgment debtors did not appear in the execution case nor they objected to delivery of possession in favour of the decree holder- petitioner and finally the partition decree was executed and delivery of possession was given and the same was confirmed by the Executing Court on 20.07.1999. It appears that restoration petition bearing Misc. Case No. 05 of 1999 was filed by the decree holder-petitioner under the provision of section 151 of the Code of Civil Procedure for taking delivery of auction,purchased land and also for recovery of cost. This petition has been rejected by the learned court below by the impugned order after arriving at the conclusion that execution case has been concluded finally when the delivery of possession, etc. was confirmed on 20.07.1999. - 2 - In the facts and circumstances of the case as well as from the materials on record including the impugned order of the learned court below, it appears that there was no force in the aforesaid misc. case and hence, this court does not find any illegality or jurisdictional error in the impugned order of the learned court below and accordingly, this civil revision is dismissed. harish (S.N.Hussain, J.)