Citation : 2025 Latest Caselaw 4588 Jhar
Judgement Date : 7 April, 2025
2025:JHHC:10621
IN THE HIGH COURT OF JHARKHAND AT RANCHI
C.M.P. No. 291 of 2025
1.
Sakhi Chand Sahu, aged about 70 years, son of Late Jhatku Sahu, resident of Argora Basti, P.O. and P.S. Argora, District-Ranchi
2. Gangotari Kumari, aged about 52 years, wife of Ragho Sahu, daughter of late Jhalku Sahu, resident of village Hutar, P.O. and P.S. Chanho, District-Ranchi
3. Hulsi Devi, aged about 56 years, wife of Mahendra Ram Ganjhu, resident of village-Namkum, Khunti, P.O. and P.S. Khunti, District-Khunti
4. Pati Kumari @ Sukhpati Kumari, aged about 56 years, daughter of late Jhalku Sahu, resident of Argora Basti, P.O. and P.S. Argora, District-Ranchi ...... Petitioners Versus
1.Nilam Singh, wife of late Chandra Bhushan Singh @ Jitendra Prasad Singh @ Moti Babu, resident of Argora, P.O. and P.S. Argora, District-Ranchi
2.Om Ranjan Kumar, son of Akhileshwar Sharma, resident of B/385, Road No. 4, Ashok Nagar, P.O. Ashok Nagar, P.S. Argora, District-Ranchi ...... Opposite Parties
CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
For the Petitioners : Mr. Sudhir Kumar Sharma, Advocate For the Opp. Parties :
04/Dated: 07/04/2025
This petition has been filed under Article 227 of the
Constitution of India for direction upon the Executing Court to execute Decree
dated 13.06.2013 sealed and signed on 27.06.2013 arising out of Title Suit No.
66 of 2012 for execution case being Execution Case No. 12 of 2020 (Execution
Case No. 17/2023, pending in the Court of learned Civil Judge (Sr. Division)-III,
Ranchi.
2. Prayer appears to be genuine one and in the light of
judgment of the Hon'ble Supreme Court in the case of "Rahul S. Shah Vs.
Jinendra Kumar Gandhi and others" reported in (2021) 6 SCC 418
wherein para 42 guidelines have been made for disposal of execution case and
in the case of "Periyammal (Dead) through Lrs. And others Vs. V.
Rajamani and Another" reported in 2025 SCC Online SC 507 wherein
para 73 case of Rahul S. Shah (supra) has been considered and in para 74
direction has been made.
2025:JHHC:10621
3. In view of above, this petition is disposed of in the light of
above judgments. Learned court is requested to proceed in accordance with
above judgments of the Hon'ble Supreme Court.
( Sanjay Kumar Dwivedi, J.)
Satyarthi/
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