Amarnath Saha @ Chhotu Aged About 55 ... vs Dr. Talib Eqbal
2025 Latest Caselaw 1408 Jhar

Jharkhand High Court

Amarnath Saha @ Chhotu Aged About 55 ... vs Dr. Talib Eqbal on 7 January, 2025

Author: Sanjay Kumar Dwivedi

Bench: Sanjay Kumar Dwivedi

                 IN THE HIGH COURT OF JHARKHAND, RANCHI
                                   ---

C.M.P. No. 1241 of 2023

----

Amarnath Saha @ Chhotu aged about 55 years, son of late Bigan Saha resident of village Konka, Old Hazaribagh Road, Near Kantatoli Chowk, PO Kantatoli, PS Lower Bazar, District Ranchi ... Judgment debtor/Petitioner(s)

-- Versus --

1.Dr. Talib Eqbal, son of Shahamat Ali, resident of Village Tutlo Nawantanar, PO Narkopi, PS Bero, District Ranchi at present resident of 91, Kali Asthana Road, PO GPO, PS Lower Bazar, District Ranchi .... ... ........ Decree Holder/ Opp. Party

2.Jagarnath Saha, son of late Bigan Saha

3.Ajay Saha, son of late Parasnath Saha

4.Sanjay Saha, son of late Parasnath Saha

5.Ram Pato Saha, widow of late Parasnath Saha

6.Rita Devi widow of late Kedarnath Saha

7.Sarita Devi wife of Jagarnath Saha

8.Rita Saha wife of Amarnath Saha All are residents of Village Komka Old Hazaribagh Road, near Kantatoli Chowk, Opposite Urdu Primary School, PO Kantatoli, PS Lower Bazar, District Ranchi ...... .... ...Opposite Parties

----

CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

---

For the Petitioner(s) :- Mr. Vikas Pandey, Advocate For the Opposite Parties :- Mr. Ashish Jha, Advocate

----

5/07.01.2025 This petition has been filed under Article 227 of the Constitution of India

and the prayer in the petition has been made for quashing of the order dated

09.10.2023 and 17.10.2023 whereby stay of the Execution Case No.39 of 2012

was rejected.

2. It has been pointed out by the learned counsel for the O.P.No.1 that now

the execution case has already been disposed of and delivery of possession has

been provided to the plaintiff/ O.P.No.1. He further submits that the appeal is

also pending with regard to the decree passed in favour of the plaintiff.

3. If the appeal against the main case is pending, all the grounds can be

taken by the learned counsel for the petitioner in that appeal and it is open to

the petitioner to take all the grounds in the appeal including the illegal delivery

of possession as contended by the petitioner.

4. In view of above, Mr. Vikas Pandey, the learned counsel for the petitioner

seeks permission to withdraw the instant petition with liberty to take all the

grounds in the appeal.

5. Learned counsel for the O.P.No.1 has got no objection for the same.

6. This petition is permitted to be withdrawn and disposed of with the

aforesaid liberty.

7. Pending petition if any also stands disposed of accordingly.

( Sanjay Kumar Dwivedi, J.)

SI/