Sujit Narayan Prasad, J. - (1.) This writ petition is under Article 227 of the Constitution of India whereby and whereunder order dated 27.05.2016 passed in Execution Case No. 4 of 2003 has been assailed whereby the relief sought for by the applicant, as has been made in the petition dated 01.08.2015, seeking amendment in the plaint pertaining to execution, has been allowed.
(2.) The brief facts of the case, as per the pleadings made in the writ petition, is that a declaratory suit has been filed by the plaintiff/respondent/decree holder, being Title Suit No. 88 of 1996 before the Court of Munsif, Giridih for a decree of perpetual and permanent injunction restraining the defendants from eviction and restraining them from making any change in the nature of the suit and subsequently by way of amendment seeking relief for compelling the defendant to restore the possession of the suit premises to the plaintiff and in case of default, the plaintiff be put in possession therein through the process of law. The suit has been dismissed vide judgment dated 23.06.1998 and decree sealed and signed on 06.07.1998. The plaintiff had preferred appeal before the District Judge, Giridih being Title Appeal No. 17 of 1998, which was allowed in terms of order dated 19.09.2002 by passing an exparte judgment and decree sealed and signed on 30.09.2002. The defendants/respondents/petitioners herein had preferred Misc. Appeal being M.A. No. 37 of 2004 before this Court, which was allowed in terms of order dated 22.02.2007 by setting aside order dated 19.09.2002 and decree sealed and signed on 30.09.2002 and remitted the matter to the appellate Court for deciding the appeal afresh. The appellate Court in terms of judgment dated 02.08.2007 and decree sealed and signed on 21.08.2007 allowed the appeal on contest and set aside the judgment dated 23.06.1998 and decree sealed and signed on 06.07.1998 passed by Munsif, Giridih in Title Suit No. 88 of 1996, against which, the petitioners have preferred Second Appeal, being S.A. No. 186 of 2007, which was dismissed in terms of judgment dated 28.02.2014.
(3.) The respondent/plaintiff/decree holder had filed Execution Case, being Execution Case No. 4 of 2003 for execution of decree dated 19.09.2002 passed in Title Appeal No. 17 of 1998.;