Smt. Preeti Jha vs Union Of India Through Defence ...
2022 Latest Caselaw 1494 Jhar

IN THE HIGH COURT OF JHARKHAND AT RANCHI
            C. M. P. No. 306 of 2020

1.      Smt. Preeti Jha
2.      Pankaj Kumar Jha
3.      Dr. Niraj Kumar Jha
4.      Manish Kumar Jha
5.      Amit Kumar Jha
6.      Raj Ranjan Jha
7.      Chitranjan Jha
8.      Krishnand Jha @ Krishnaranjan Jha
9.      Sudha Jha
10.     Tulika Jha
11.     Ankita Jha
12.     Kumar Ankur
                                                   ....    .... Petitioners
                               Versus

      Union of India through Defence Estate Officer, Jharkhand, Orissa and Bihar
      (JOB) Circle, Danapur Cantt., Patna, Bihar

                                                  ....    ....   Opp. Party
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CORAM: HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY

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For the Petitioners : M/s Himanshu Kr. Mehta & M. Patra, Advocates For the Opp. party : Mr. Pratyush Kumar, Advocate

Oral Order 05 / Dated : 12.04.2022

1. This civil misc. petition has been filed under Section 151 of CPC on behalf of Smt. Preeti Jha and others for making payment of the decretal amount in compliance to the judgment dated 05.08.2016 passed in F.A. No. 88 of 2009 decree dated 23.01.2019 as modified and amended in C.M.P. No. 220 of 2017 vide order dated 11.12.2018.

2. It is submitted by Sri H.K. Mehta, learned counsel on behalf of the petitioners, that due to non-compliance with the Judgment and decree passed in FA No. 88 of 2009 the parties are facing extreme financial hardship and are reduced to penury. Only 40% of the amount has so far been paid and the balance amount with applicable interest is yet to be paid.

3. It is submitted by Sri Pratyush Kumar learned Counsel on behalf of the opposite party that in compliance to the Judgment and award, 40% has been paid and 60% has fixed deposited, receipt thereof

has been put in custody of the Registrar General, High Court of Jharkhand.

4. It is submitted that C.M.P. No.127 / 2022 has been filed on 31.03.2022 for further modification of the decree passed in F.A. No.88 of 2009.

5. Matter involves in compliance to the Judgment passed in F.A. No.88 of 2009 and Decree in C.M.P. No. 220 of 2017.

6. C.M.P. No. 127/2022 is pending for modification of the earlier decree drawn on the basis of the order passed in C.M.P. No.220 of 2017.

7. The matter involves compliance with the decree drawn on the basis of the Co-ordinate Bench of this Court and the petition for modification of decree is pending. A prayer has been made by the learned counsel on behalf of the respondent for hearing of this appeal by the Bench hearing C.M.P. No.220 of 2017 which will be hearing the civil misc. petition for modification of decree.

Under the circumstance, let the matter be placed before Hon'ble the Chief Justice for appropriate orders.

(Gautam Kumar Choudhary, J.)

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