The State Of Jharkhand & Others vs Ramjee Prasad & Others
2021 Latest Caselaw 764 Jhar

IN THE HIGH COURT OF JHARKHAND AT RANCHI
                    (Civil Appellate Jurisdiction)
                         F.A. No. 252 of 2017
                               ........

The State of Jharkhand & Others .... ..... Appellants Versus Ramjee Prasad & Others .... ..... Respondents

CORAM: HON'BLE MR. JUSTICE KAILASH PRASAD DEO (Through : Video Conferencing) ............

For the Appellants : Mr. Sachin Kumar, AAG-II.

: Mr. Dipak Kumar Dubey, A.C. to AAG-II. For the Respondents : Mr. Sudhir Kumar Sharma, Advocate.

........

13/17.02.2021.

Learned counsel for the appellants has submitted that the first appeal preferred against the judgment and decree dated 31.05.2017 passed by learned Civil Judge (Sr. Division)-I, Palamau at Daltonganj in Title Suit No.108/2011 has been admitted by Coordinate Bench of this Court in terms of order dated 15.02.2019 and stay petition vide I.A. No.2091/2020 has been filed under Order- XLI Rule, (5) of the Civil Procedure Code, but from perusal of the I.A. it appears that it requires a supplementary affidavit to substantiate the same, as such, two weeks' time may be granted to file supplementary affidavit to the I.A. No.2091/2020.

Learned counsel for the respondent, Mr. Sudhir Kumar Sharma has submitted that the appeal has been admitted and Execution Case No.03/2017 is pending before the learned Civil Judge (Sr. Division)-I, Palamau at Daltonganj, which has been stayed by interim order dated 05.03.2020, as such, it would be expedient for this Court to adjudicate the interlocutory application as well as first appeal as decree holder is suffering, even though there is decree in his favour.

Considering such submissions, two weeks' time as prayed by learned counsel for the appellants is granted.

In the meantime, interim order dated 05.03.2020 shall continue till 3rd of March, 2021.

Put up this case on 03.03.2021.

(Kailash Prasad Deo, J.) Jay/-