- (1.) This writ petition has been filed against the order dated 4.5.2009 passed by Sub Judge-II, Hazaribagh in Misc. Case No. 48 of 2009 (arising out of Execution Case No. 47 of 2007) rejecting the petition filed on behalf of the petitioners under section 47 of the Code of Civil Procedure (for short "the C.P.C").
(2.) Mr. V. Shivnath, learned senior counsel appearing for the petitioners submitted that the dispute of relationship of landlord and tenant between the parties was decided in favour of the plaintiff landlord and it was confirmed up to the High Court and became final, but so far as part decree is concerned, it is not clarified as to which portion of the suit premises, the judgment debtors-petitioners have been directed to vacate.
(3.) It appears that Schedule A of the plaint consists of Stall No. 16 in two parts bearing Holding Nos. 190 and 191 (old and new no.248 and 249) Area 15' x 30' and 15' x 30' Total 900 sq.ft. the full description of which has been given in the schedule. The decree was allowed in part, as the arrear of rent from September, 1998 to 16.1.1999 was not allowed, which has no relation with the suit premises-Schedule A.;