Smt. Lalita Jain & Ors vs Gyanendra Kumar Singh & Anr
2021 Latest Caselaw 2259 Jhar

             IN THE HIGH COURT OF JHARKHAND AT RANCHI
                           (Civil Appellate Jurisdiction)
                               F.A. No. 295 of 2019
                                  ......

Smt. Lalita Jain & Ors. ...... Appellants Versus Gyanendra Kumar Singh & Anr. ......Respondents

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

For the Appellants : Mr. Ashim Kr. Sahani, Advocate For the Respondent no.1 : Mr. Rajesh Kumar, Advocate

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06/Dated: 07/07/2021.

Learned counsel for the respondent no.1, Mr. Rajesh Kumar has submitted that in view of the judgments passed in the cases of Boramma vs. Krishna Gowda and Ors. reported in (2000) 9 SCC 214, C. Nazeer Ahmed vs. S. Jahan Ara, reported in (2001) 2 KarLJ 288 and Prabhu Nath Sah vs. Siya Ram Sah, reported in (2004) 2 PLJR 129, the Executing Court ought not to have passed an order to deposit the amount as the same is causing financial loss to the respondent no.1 during pendency of the appeal. However, similar prayer has been made before the Executing Court, as such, this case may be adjourned for a period of four weeks and in the meantime, Executing Court may pass necessary order.

Learned counsel for the appellants, Mr. Ashim Kumar Sahani has also submitted that the matter may be listed after four weeks.

Considering the same, put up this case after four weeks along with all the pending I.As.

(Kailash Prasad Deo, J.) R.S-