Nimai Mahato vs Jagarnath Mahato & Ors
2023 Latest Caselaw 2676 Jhar

IN THE HIGH COURT OF JHARKHAND AT RANCHI
                 S.A. No. 61 of 2023
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Nimai Mahato .... .... .... Appellant Versus Jagarnath Mahato & Ors. .... .... .... Respondents

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CORAM: HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

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For the Appellant : Mr. Shashank Shekhar, Advocate

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Order No.05 Dated- 07.08.2023 I.A. No. 4702 of 2023 Heard the parties.

This interlocutory application has been filed with a prayer to stay the further proceeding of Execution Case 99 of 2019 pending in the court of Civil Judge (Sr. Div.)-II, Dhanbad.

It is submitted by the learned counsel for the appellant that the appellant- judgment debtor has vacated the possession of the decreetal premises as per the identification and satisfaction of the decree holder. It is next submitted that the respondent- decree holder is all out to demolish the construction over the suit land and if the construction is demolished the purpose of second appeal will be frustrated.

Considering the aforesaid facts, the respondent- decree holder is restrained from carrying out any demolishment over the suit land till the next date of listing of the appeal i.e. on 18.09.2023.

This interlocutory application is disposed of accordingly.

(Anil Kumar Choudhary, J.) S.A. No. 61 of 2023

List this appeal on 18.09.2023, for hearing on merits of the appeal.

Sonu-Gunjan/- (Anil Kumar Choudhary, J.)