Shyam Sunder Vishwakarma vs Kalyan Kumar Choudhary
2023 Latest Caselaw 2254 Jhar

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          IN THE HIGH COURT OF JHARKHAND AT RANCHI

                         W. P. (C) No. 1713 of 2014

         Shyam Sunder Vishwakarma, son of Banke Prasad Vishwakarma,
         resident of Ward No. 14, P.O. Jhumri Telaiya, P.S. Telaiya,
         District Koderma                          ...     ...      Petitioner
                               Versus
      1. Kalyan Kumar Choudhary
      2. Nihar Kumar Choudhary
      3. Manik Kumar Choudhary
         Nos. 1 to 3 sons of Late Kiran Chandra Choudhdary, resident of
         Ward no. 13, Jhumri Telaiya, P.S. Telaiya, P.O. Jhumri Telaiya,
         Dsitrict Koderma
      4. Nilima Mandal, wife of Ranjit Mandal and daughter of Late Kiran
         Chandra Choudhary, resident of 53, Sma Bangla Plloy, Despriya
         Nagar, P.O. & P.S. Begtedia, Kolkata -56 (West Bengal).
      5. Uma Bare wife of Rohit Das Bore and daughter of Late Kiran
         Chandra Choudhary, resident of Adarsh Nagar, P.O. & P.S.
         Agarpura, Kolkata 109, West Bengal
      6. Roma Kirtonia wife of Susanto Kirtonia and daughter of Late
         Kiran Chandra Choudhary resident of Bada Bagan Aada, P.O. &
         P.S. Thakurnagar, North-2A, Pargana (West Bengal)
      7. Sima Biswas wife of Sorbeshid Biswas and daughter of Late Kiran
         Chandra Choudhary, resident of 53 Sonar Bangla Polly, Despriya
         Nagar, P.O. & P.S. Belgtedia, Kolkatta 56, (West Bengal)
      8. China Biswas, wife of Gautam Biswas and daughter of Late Kiran
         Chandra Choudhary, resident of North Basudeopuri, Madhya
         Polly, P.O. & P.S. Belgtedia, Kolkata 56 (West Bengal)
      9. Most Sushila Devi, wife of Late Ramchandra Singh, resident of
         Ward no. 13, Jhumri Telaiya, P.S. Telaiya, District Koderma
                                       ...      ...        Respondents
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CORAM: HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY

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16/05.07.2023

1. Learned counsel for the parties are present.

2. This writ petition has been filed for the following reliefs: -

"for issuance of an appropriate writ/rule/order/direction for quashing the order dated 25.2.2014 passed by Sub-Judge I, Koderma in Execution Case no. 04 of 2013 contained in Annexure 5 to the writ petition by which the learned court below has illegally rejected the objection filed by the judgment debtor/petitioner relating to executability of the decree on the ground that no decree has been passed for recovery of possession and the decree is incapable of being executed since it is a declaratory decree simpliciter and is not executable and the learned executing court has exceeded his jurisdiction in passing order for issuance of writ of delivery of possession although there is no decree for recovery of possession and for such other relief or reliefs to which the petitioner is legally entitled to."

3. Learned counsel for the petitioner submits that he has no instructions to pursue this case and therefore, he does not want to press this writ petition .

4. Learned counsel for the respondents has no objection to the aforesaid submission.

5. This writ petition is accordingly dismissed as not pressed.

6. Interim order, if any, stands vacated.

7. Pending interlocutory application, if any, is closed.

(Anubha Rawat Choudhary, J.) Mukul