Saba Tarrannum & Ors vs Afsari Khatoon & Anr
2021 Latest Caselaw 3827 Jhar

         IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                   S.A. No. 117 of 2020
        Saba Tarrannum & Ors.....................             Appellants
                               Versus
        Afsari Khatoon & Anr. ............                          Respondents
                               ......

        Coram: Hon'ble Mr. Justice Ananda             Sen
                 Through:-Video Conferencing
                                      ......
        For the Appellant                  : Mr. Rohit Roy, Advocate
        For the Respondents                : ---
                                      ......
5/06.10.2021     This appeal will be heard on the following substantial question of
        law:-

"(i) Whether the variance in the description of the suit property, i.e. the boundary of the southern side will have any impact on both the impugned judgments or not and if yes to what extent.

(ii) Any other point of law, which would be framed prior to final hearing of this appeal.

Call for the lower court records.

Issue notice to the respondents, for which requisite etc. under registered cover with A/D as well as through Ordinary process must be filed within three weeks.

I.A. No. 4670 of 2021 By filing this interlocutory application prayer has been made to stay the further proceedings of Execution Case No. 9 of 2019, pending in the court of Additional Munsif-I, Ranchi.

Learned counsel for the appellants submits that now since the appeal has already been admitted and the substantial question of law has been framed, further proceedings of the execution case needs to be stayed. He submits that there is eminent threat of dispossession as the appellants are in possession of the land in question.

Considering the aforesaid submission, I find that since substantial question of law has been framed and there is a prima-facie case to grant stay. Further, since admittedly, the appellants are in possession of the land in question, they will be put to irreparable loss if they are removed by virtue of the order passed in the execution case and the balance of convenience is also in favour of the appellants on the basis of the aforesaid points dealt with herein.

Considering the aforesaid fact, I am inclined to allow this interlocutory application. Accordingly, this interlocutory application is allowed. Further proceedings of Execution Case No. 9 of 2019, pending in the Court of Additional Munsif-I, Ranchi, shall remain stayed, till further

orders.

The possession of the appellants, over the disputed land in question, will not be disturbed.

Since, this order of stay has been passed exparte, liberty is reserved to the respondents to appear and file an application for modification or recall of the order and also pray for early hearing of the main appeal.

I.A. No. 4670 of 2021 stands disposed of.

Let this order be communicated to the court concerned immediately through FAX.

(Ananda Sen, J)

Mukund/-cp. 2