IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.510 of 2009 BRAHMDEO HAZARA, S/O LATE RAM PRASAD HAZARA, R/O MOHALLA UJJAIN TOLA, P.O. & P.S. BETTIAH, DISTRICT- WEST CHAMPARAN ………. PETITIONER Versus 1.AMARESH TIWARI S/O HARIBANSH TIWARI, R/O MOHALLA UJJAIN TOLA, P.O. & P.S. BETTIAH, DISTRICT- WEST CHAMPARAN ……… DECREE HOLDER 2.BEDAMI DEVI, D/O LATE SHANKAR HAZARA, R/O VILLAGE PATLILAR, P.S. CHAUTATWA, DISTRICT- WEST CHAMPARAN …… JUDGMENT DEBTOR/ OPPOSITE PARTIES. --------- 2. 30/03/2009 Heard learned counsel for the petitioner. This revision application has been filed by the judgment debtor against order dated 13.2.2009 passed in Execution Case No.2 of 1999, by which objection petition of the judgment debtor against the report of the survey knowing Pleader Commissioner filed on the ground that the Pleader Commissioner has submitted his report in respect of a land of different boundary than the land described in the decree of the suit has been rejected by Munsif, Bettiah, West Champaran. Learned counsel for the petitioner submits that the suit land as described in the judgment and decree of the trial court contains different boundary whereas the Pleader - 2 - Commissioner has submitted his report in respect of a land with different boundary which does not tally with the boundary given in the judgment and decree. Apparently, executing court has to ensure that the judgment and decree is executed in respect of the land as described in the judgment and decree which is under execution. Any discrepancy in the same will only frustrate the execution proceeding and will not be of any advantage to any party. In the circumstances, matter being of satisfaction of the executing court for proceeding further, this Court is not inclined to entertain this revision application. This revision application is accordingly dismissed. Pradeep/ (J. N. Singh, J.)