J.D. Kumar & Sons vs Vijaya Thacker
2024 Latest Caselaw 893 Jhar

Jharkhand High Court

J.D. Kumar & Sons vs Vijaya Thacker on 29 January, 2024

Author: Ananda Sen

Bench: Ananda Sen

      IN THE HIGH COURT OF JHARKHAND AT RANCHI
                  W.P. (C) No. 2121 of 2017
                        with
                  I.A. No. 1521 of 2022
                        and
                  I.A. No. 268 of 2022

      1. J.D. Kumar & Sons, Dhanbad
      2. Sanjiv Arya
      3. Rajeev Arya                         ...   ...   ...   Petitioners
                               Versus
      1.Vijaya Thacker
      2.Nitim Kumar Thacker
      3.Gita Thacker
      4.Ila Sethia                                 ...     ...   Respondents
                               with
                         S.A. No. 205 of 2016
      1. J.D. Kumar & Sons, Dhanbad
      2. Sanjiv Arya
      3. Rajeev Arya                         ...   ...   ...   Appellants
                               Versus
      1.Jijaya Thacker
      2.Nitim Kumar Thacker
      3.Gita Thacker
      4.Ila Sethia                                 ...     ...   Respondents
                               ---------
      CORAM:              Sri Ananda Sen, J.

---------

For the Petitioners/Appellants : Ms. Madhulike Dasgupta, Advocate.

For the Respondents            :       Mr. Himanshu Kumar Mehta, Advocate
                               :       Ms. Manjushri Patra, Advocate.
                               :       Mr. Shreshtha Mehta, Advocate.
                               :       Mr. Vidhan Kumar Singh, Advocate.
                               ---------
      Oral Order
      19/Dated: 29.01.2024

The petitioners in this writ application numbered as W.P. (C) No. 2121 of 2017, has prayed for the following prayers:-

"(a) In the nature of certiorari for quashing the Judgment dated 23.03.2017 passed by the Court of Civil Judge (Senior Division)-V, Dhanbad in Execution Case 14 of 2009 in terms of which the executing court has dismissed the Show Cause of the petitioners filed under Order XXI Rule 23 of the Code of Civil Procedure dated 28.09.2016 and further directed to deliver the possession of the decreetal premises to the decree holder and further directed Nazir to get the suit premises vacated premise from the decreetal premises;

And/Or

(b) For stay of the entire execution proceeding during the pendency of the writ petition."

The case arises out of an Eviction Suit, wherein, the petitioners were directed to be evicted from the premises in question. It has been informed at the bar that the Second appeal against such eviction is still pending.

In the meantime, this writ application being W.P. (C) No. 2121 of 2017 was filed praying for the reliefs as quoted above.

Now, during course of argument, both the learned counsels i.e. counsel for the petitioners and the respondents submit that the tenant i.e. the petitioner has already vacated the premises and handed over the vacant possession of the same to the land owners.

Considering the same, I find that this writ petition being W.P. (C) No.2121 of 2017 is rendered infructuous. Accordingly, this writ petition is dismissed as infructuous.

Two interlocutory application being I.A. No. 1521 of 2022 and I.A. No. 268 of 2022 stand disposed of.

The second appeal is to be listed before the appropriate Bench having roster.

(Ananda Sen, J.) APK