Citation : 2025 Latest Caselaw 2842 Jhar
Judgement Date : 24 February, 2025
IN THE HIGH COURT OF JHARKHAND AT RANCHI
C.M.P. No. 1342 of 2023
Santosh Kumar Sharma aged about 43 years son of
Late Chandrika Sharma resident of Majhi Tola,
Panchwati Colony, Adityapur, P.O. and P.S.
Adityapur, District-Seraikella Kharsawan
(Jharkhand).
..... ... Petitioner
Versus
1. Sushila Devi wife of Late Sugriv Sharma
2. Sailendar Sharma
3. Surendra Sharma
4. Sumant Sharma
All sons of Late Sugrib Sharma, residents of
Chhota Gamharia, P.O. and P.S. Gamharia, District
Seraikella Kharsawan.
5. Rukmani Devi, daughter of Late Ramanand
Sharma and wife of Kashi Nath Sharma resident of
Village Revelganj, P.O. and P.S. Revelganj, District
Chapra.
6. Sail Kumari Devi daughter of Ramanand Sharma
and wife of Sri Krishna Sharma resident of Quarter
No.204, Agrico Workers Flat, P.O. Agrico, P.S.
Sidhgora, District Singhbhum East.
7. Sonamati Devi wife of Late Chandrika Sharma
8. Sudarshan Kumar Sharma son of Late Chandrika
Sharma.
9. Bhuneshwari Devi daughter of Late Chandrika
Sharma and wife of Shambhu Sharma.
All residents of Adityapur, Majhi Tola, Bank
Colony, P.O. and P.S. Adityapur, District Seraikella
Kharsawan.
..... ... Opposite Parties
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CORAM : HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
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For the Petitioner : Mr. Amar Kumar Sinha, Advocate.
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07/ 24.02.2025 This petition has been filed under Article 227 of the Constitution of India for a direction upon the learned Civil Judge, Senior Division-I, Seraikella to dispose of Execution Case No. 02 of 2017 expeditiously.
2. The Co-ordinate Bench of this case by order dated 21.06.2024 has called upon a report from the concerned court in light of the judgment of Hon'ble Supreme Court in the case of Rahul S. Shah Versus Jitendra Kumar Gandhi, reported in (2021) 6 SCC 418 and pursuant to that, the report dated 10.09.2024 has been received, wherein it has been disclosed that on 09.09.2024, partly the decree has been executed and due to dark in the evening, the part of the decree was not executed.
3. In view of the above, it transpires that the steps have already been taken by the learned court for executing the said decree. As such, this petition is disposed of in view of the guidelines made by the Hon'ble Supreme Court in para-42 of the judgment of Rahul S. Shah (Supra) and the learned court is directed to dispose of the execution case expeditiously, if the same has not yet been disposed of as yet.
(Sanjay Kumar Dwivedi, J.) Amitesh/-
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