Sukesh Banerjee vs Smt. Sandhya Chandra
2022 Latest Caselaw 4764 Jhar

Citation : 2022 Latest Caselaw 4764 Jhar
Judgement Date : 28 November, 2022

Jharkhand High Court

Sukesh Banerjee vs Smt. Sandhya Chandra on 28 November, 2022

       IN THE HIGH COURT OF JHARKHAND AT RANCHI
                            C.M.P. No. 80 of 2022
                                   ------

       Sukesh Banerjee                    .... .... .... Petitioner
                              Versus
       1. Smt. Sandhya Chandra
       2. Ranu Chandra
       3. Arjun Chandra                   .... .... .... Opposite Parties

CORAM: HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY

For the Petitioner : Mr. A.K. Sahani, Advocate For the Opp. Parties :

Oral Order 04/ Dated : 28.11.2022

Defect No.2 is ignored.

Instant petition has been filed for setting aside the order dated 17.12.2021 passed in Misc. Civil Application No.283 of 2021 arising out of Execution Case No.200 of 2018 whereby and whereunder the application dated 07.12.2021 by this petitioner under Section 47 of the C.P.C., has been rejected.

2. The husband of opposite party No.1 filed Eviction Suit which was registered as Title (Eviction) Suit No.20 of 1996 which was decreed on 11.05.2006. Appeal against the Trial Court judgment was dismissed on 08.06.2018.

3. The Second Appeal No.305 of 2018 against the judgment and decree of First Appellate Court is now pending before this Court. The son of opposite party No.1 filed Execution Case No.36 of 2015 which was dismissed and fresh Execution Case being Execution Case No.200 of 2018 has been filed which is now pending.

4. The petitioner/judgment debtor filed an objection under Section 47 of the C.P.C. inter alia on the ground that the Execution Case is not maintainable for the following reason.

Firstly, the decree holder has filed Civil Miscellaneous Case No.14 of 2015 for correction of the decree and therefore, the Execution Case was premature till the correction of the decree.

Secondly, the suit was decreed for personal necessity of plaintiff and the suit property has now been sold to third party.

5. From the perusal of the impugned order, it appears that a similar objection under Section 47 of the C.P.C. in Misc. Civil Application No.72 of 2020, had been dismissed as not pressed on 09.12.2021. There was no stay order on the Second Appeal preferred by the petitioner. I do not find any infirmity in the impugned order.

This civil miscellaneous petition is dismissed.

(Gautam Kumar Choudhary, J.) Anit