Sujit Narayan Prasad, J. - (1.) This writ petition is filed under Article 227 of the Constitution of India wherein order dated 05.09.2018 passed in Execution Case No.15 of 1989 has been assailed whereby and whereunder the petition filed on 23.05.2017 (Annexure-6) seeking therein to consider by the Executing Court the order passed by the District Judge dated 23.09.2011 and 12.04.2016.
(2.) The case of the petitioner in brief as per the pleadings made in the writ petition is that a suit has been instituted in the year 1983 being T.S. No.52 of 1983 by one Peer Mohammad, the predecessor in interest for a declaration as to which of the two claimants i.e. State of Bihar being defendant 1st Set or sons of Sugan Chand Jain being defendant 2nd Set are entitled to receive dues from the plaintiffs where the respondents have filed on eviction suit being Suit No.04 of 1988.
(3.) Suit has been decreed on contest in favour of respondent which has been assailed by the judgment debtor in first appeal being First Appeal No.05 of 1989 wherein the decree passed in T.S. No.52 of 1983 has been affirmed against which second appeal has been preferred being Second Appeal No.140 of 2005 which has also been dismissed by judgment dated 25.07.2008 against which special leave petition has been preferred being S.L.P. No.4605 of 2009 which has also been dismissed on 01.05.2009.;