Haripada Pradhan vs Bhagirathi Pradhan & Ors
2021 Latest Caselaw 4381 Jhar

           IN THE HIGH COURT OF JHARKHAND AT RANCHI
                              [Civil Writ Jurisdiction]
                              W.P.(C) No. 1832 of 2011
        Haripada Pradhan                                            .... .. ... Petitioner
                                     Versus
       Bhagirathi Pradhan & Ors.                                    .. ... ... Respondents
                                      ...........

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

For the Petitioner : Mr. Indrajit Sinha, Advocate. For the Respondent no.27 : Mr. Kaushik Sarkhel, Advocate.

......

05/ 24.11.2021.

Nobody appears on behalf of respondent nos.1 to 26. Heard, learned counsel for the petitioner, Mr. Indrajit Sinha and learned counsel for the respondent no.27, Mr. Kaushik Sarkhel.

This case requires adjudication on the issue whether the dismissal of Execution Case No.29 of 1992 filed for executing the decree dated 22.06.1992 in Partition Suit No.16 of 1976, on the ground that "on perusal of the ordersheet dated 24.01.2002, passed by Sub-Judge- I, Chaibasa, I find that decree-holder the petitioner failed to make parvi since 23.05.2000 in the Execution Case for submitting writ and when no compliance of the order of the court of Sub-Judge, Chaibasa has been made by the decree-holder then ultimately on 24.01.2004 Execution Case has been dismissed" will come under Order 21 Rule 105(2) of the CPC for which legal remedy lies under Order 21 Rule 106(1) of the CPC.

Learned counsel for the petitioner, Mr. Indrajit Sinha has sent order dated 24.01.2002 before this Court through e-mail, which is kept on record.

Considering such submissions of the parties, let the matter be appeared in the 2nd week of December, 2021 so as to assist this Court on the issue whether the order dated 24.01.2002 passed in Execution Case No.29 of 1992 is an order of dismissal because of non-compliance of order by filing writ for execution or it is an order where dismissal has been made because of non-appearance of the parties or whether it is a composite order and application of the judgment passed by the Apex Court in the case of Damodaran Pillai & Ors. vs. South Indian Bank Ltd, reported in 2005 (7) SCC 300.

Let the matter be appeared on 2nd week of December, 2021.

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