Jayram Chauhan vs The State Of Jharkhand
2021 Latest Caselaw 3754 Jhar

                        IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                 C.M.P. No.174 of 2021

            Jayram Chauhan                                       .....   ... Petitioner
                                               Versus
            1. The State of Jharkhand.
            2. Sitaram Chauhan.
            3. Smt. Moteshwari Devi.
            4. Hareram Chauhan.
            5. Bhupesh Chauhan.
            6. Smt. Urmila Devi.
            7. Pramila Devi.                                  .... .... Respondents
                                     --------

CORAM : HON'BLE MR. JUSTICE RAJESH SHANKAR

------

For the Petitioner : Mr. Nikhil Ranjan, Advocate Ms. Saumya Pandey, Advocate For the State : Mr. Suresh Kumar, S.C. (L&C)-II

--------

03/01.10.2021 The present civil miscellaneous petition is taken up today through Video conferencing.

The present petition has been filed for directing the Civil Judge (Senior Division)-X, Ranchi to expedite hearing of Execution Case No.288 of 2017 arising out of Partition Suit No.42 of 2010 and to dispose of the same within a time frame.

Learned counsel for the petitioner submits that Partition Suit No.42 of 2010 filed by the plaintiff - Sitaram Chauhan (the respondent no.2 herein) was dismissed by the learned court below as per the following decree:

"Considering the entire fact and circumstances, the suit is dismissed against the plaintiff with contest without cost and the claim of the defendant no.2 as per paragraph 19 of the written statement-cum-counter claim is allowed."

The petitioner being the defendant no.2 in Partition Suit No.42 of 2010, thereafter filed Execution Case No.288 of 2017 on 30th November, 2017 in the court of Civil Judge (Senior Division)-X, Ranchi for execution of aforesaid decree. Though the said execution case has been taken up by the learned court below on several dates, as would be evident from the on-line case details, copy of which has been annexed as Annexure-3 to the present petition, yet no effective step has been taken so as to dispose it of on an early date. Even after getting decree in his favour, the petitioner has not been able to receive the fruits of the same due to which he and his family members are in distress, as the judgment debtor, who is in un-authorized possession of the decreed premises is

causing trouble to them.

Having heard learned counsel for the petitioner and keeping in view the limited prayer made by the petitioner in the present petition, without entering into the merit of the case, the learned Civil Judge (Senior Division)-X, Ranchi is directed to expedite hearing of Execution Case No.288 of 2017 and to dispose of the same in accordance with law expeditiously without giving any un-necessary adjournment.

The present civil miscellaneous petition is disposed of.

(Rajesh Shankar, J.) Rohit