Mr. Musheer Alam Jahangir vs The State Of Jharkhand
2022 Latest Caselaw 4429 Jhar

      IN THE HIGH        COURT OF JHARKHAND AT RANCHI
                         C. M. P. No. 374 of 2022
                                -----

Mr. Musheer Alam Jahangir ... .... Petitioner Versus

1. The State of Jharkhand

2. The Sr. Superintendent of Police, Dhanbad

3. The S.D.O., Dhanbad

4. Md. Sarfaraz Ahamad

5. Md. Parwaz Alam

6. Md. Javed Alam

7. Md. Jamshed Alam

8. Husna Ara

9. Anzuma Ara

10. Khurshida Bano

11. Yashmin Parwin @ Jugnu ... .... Opp. Parties

-----

CORAM: HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY

-----

For the Petitioner : Mr. Nilendu Kumar, Advocate For the Opp. Party : Mr. Rahul Saboo, G.P.-II

-----

Oral Order 03 / Dated : 04.11.2022

1. The instant civil misc. petition has been filed under Article 227 of the Constitution of India for a direction for compliance of the order dated 05.03.2022 passed by the Civil Judge, Jr. Division-I, Dhanbad in Execution Case No. 47 of 2019 whereby and whereunder, the application of the decree holder/petitioner for delivery of possession of the property was allowed but due to non-cooperation by the police the same could not be executed.

2. It is submitted by learned counsel for the petitioner that the petitioner is the decree holder in Title Suit No. 06 of 2008 and the judgment and decree dated 30.11.2017 has attained finality and thereafter the execution case being No. 47 of 2019 was filed. On the prayer of the petitioner, learned Court below issued a writ of delivery of possession with the direction to Nazir to execute the decree. The Nazir vide his report dated 14.04.2022 has expressed his inability due to non-cooperation of police.

Under the aforesaid facts and circumstances, the Executing Court is directed to ensure that the decree of possession is executed within a month of this order.

Learned Court below will submit compliance report through the District Judge, Dhanbad.

Let a copy of this order be transmitted to the District Judge, Dhanbad. Accordingly, this civil misc. petition is disposed of.

(Gautam Kumar Choudhary, J.) AKT