Madhu Sudan Rajak vs Kalabati Rajak
2021 Latest Caselaw 324 Jhar

           IN THE HIGH COURT OF JHARKHAND AT RANCHI
                    W.P. (C) No. 6051 of 2014

       1. Madhu Sudan Rajak
       2. Prafulla Rajak
       3. Shib Charan Rajak
       4. Uma Charan Rajak
       5. Bhupen Rajak
       6. Ram Singh Rajak                                    ...     Petitioners
                                        Versus

       1. Kalabati Rajak
       2. Sripada Rajak
       3. Haripada Rajak
       4. Rabindra Rajak
       5. Dulali Rajak
       6. Minor Chenga Rajak
       7. Minor Basanti Rajak
       8. Minor Bharati Rajak
       9. Bishnu Rajak
       10. Jatan Rajak
       11. Pemi Rajak
       12. Aloka Rajak
       13. Pabita Rajak                                      ...     Respondents
                                        --------

       CORAM:             HON'BLE MR. JUSTICE H.C. MISHRA
                                        --------
       For the Petitioners        : None
       For the Respondents        : None
                                       --------

The matter was taken up through Video Conferencing.

---------

05/ 21.01.2021. No one appears for the petitioners in spite of repeated calls.

This writ application was filed in the year 2014 itself with defects, and two opportunities were given by the Lawazima Board to the petitioners for removing the defects, but the defects have not been removed so far, and even the deficit court fees have not been paid by the petitioners till date, apart from the other defects, which are also still continuing.

This writ petition has been filed, challenging the order dated 14.03.2014, passed by the learned Civil Judge, Jr. Division, Seraikella, in Miscellaneous Case No. 01 of 2014, whereby, the petition filed under Section 47 of the C.P.C., by the petitioners Judgment Debtors, objecting the execution of the decree in an Execution Case No. 07 of 2012 has been rejected by the Court below.

The title suit filed by the plaintiffs for declaration of their right, title and interest and recovery of possession of the suit land was decreed in their favour. The petitioners are the defendants judgment debtors, and had filed the application under Section 47 of the C.P.C., objecting the execution of the decree, which was rejected by the executing Court below by the impugned order dated 14.03.2014.

The petitioners challenged the impugned order by filing this writ application, but even the required court fees have not been deposited till date, in spite of the fact that two opportunities were given by the Lawazima Board to the petitioners for removing the defects, one by order dated 17.11.2016, and the other by order dated 04.04.2017. We are now in the year 2021.

It appears that the execution case must have been disposed of by now after satisfying the decree, and as such, the petitioners judgment debtors have lost any interest in the matter.

This writ application, accordingly, stands dismissed for non-prosecution.

(H. C. Mishra, J.)

BS/-