Asha Bala Devi vs Kanan Bala Modak & Another
2021 Latest Caselaw 4731 Jhar

                IN THE HIGH COURT OF JHARKHAND AT RANCHI
                              S.A. No. 21 of 2016
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     Asha Bala Devi                               ... Appellant
                                   -versus-
     Kanan Bala Modak & Another                   ... Respondents
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                   CORAM : HON'BLE MR. JUSTICE ANANDA SEN
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              For the Appellant :      Mr. Sanjay Prasad, Advocate
              For the Respondent:      Mr. Arun Kumar, Advocate
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8/ 09.12.2021       Prayer has been made to stay the execution proceedings of

Execution Case No.5 of 2016, pending before the Civil Judge Junior Division 1st, Dhanbad, by moving an interlocutory application, being I.A. No.84 of 2020. It has been submitted that the appellant has been residing in the suit premises and the Court below is proceeding to execute the decree of eviction. Counsel for the appellant submits that the appellant is a lady and is residing with two minor daughters. He submits that the respondents are her in-laws. He submits that if she is evicted, she does not have any place to reside and will become a destitute. He submits that this second appeal has already been admitted and substantial question of law has been formulated. He submits that this second appeal is against the judgment of reversal.

Mr. Arun Kumar, learned counsel appearing for the respondents prays for some time to file rejoinder to the interlocutory application.

Prayer for time is allowed. Respondents are directed to file rejoinder to the said interlocutory application, being I.A. No.84 of 2020.

List this case after eight weeks.

Till further orders, the appellant will not be evicted from the suit premises.

(Ananda Sen, J.) Kumar/Cp-02