under Order XXI Rule- 97, 100, 104 read with
Section 151 of the Code before the learned Executing Court
praying therein that right, title and possession of the petitioners
be decided first as by family partition they are in possession
Patna High Court C.Misc. No.243 of 2024 dt.06-08-2025
over the suit land and they have not been made parties. A
rejoinder was filed by the respondent 1st party on 26.08.2022
stating therein that the petitioners have filed the application in
order to deny decree holders the fruits of decree. The learned
Executing Court vide order dated 22.12.2023 dismissed the
application of the petitioners dated 27.07.2022 in limine. The
said order is under challenge before this Court.