Judgment Debtor/ vs Ganesh Nonia Alias Ganesh Singh
2025 Latest Caselaw 1442 Jhar

Jharkhand High Court

Judgment Debtor/ vs Ganesh Nonia Alias Ganesh Singh on 8 January, 2025

Author: Sanjay Kumar Dwivedi

Bench: Sanjay Kumar Dwivedi

                IN THE HIGH COURT OF JHARKHAND, RANCHI
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C.M.P. No. 704 of 2024

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Raj Kumar Nonia, son of Chhatradhari Nonia aged about 66 years, resident of Village Nawdiha, PO Nawgarha, P.S. Bishrampur, District- Palamau ...... Judgment Debtor/ Petitioner(s)

-- Versus --

Ganesh Nonia alias Ganesh Singh, son of Gulab Nonia, aged about years resident of Village Nawdiha, P.O. Nawgarha, P.S.Bishrampur, District Palamau ...... Decree holder/ Opposite Party

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CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

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For the Petitioner(s) :- Mr. Baban Prasad, Advocate For the Opp.Party :- Mr. Manoj Kumar No.II, Advocate

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5/08.01.2025 Heard the learned counsels appearing on behalf of the parties.

2. The petitioner is aggrieved with the order dated 7.3.2024 passed in

Execution Case No.5 of 2019 passed by the learned Senior Civil Judge -I,

Palamau.

3. Learned counsel for the petitioner submits that a sum of Rs.2,85,000/-

pursuant to the decree has already been paid to the decree holder and rest of

Rs.1,40,000/- the petitioner is ready to pay. He submits that the receipt was not

filed by the conducting advocate before the learned court and in view of that,

the said order has been passed.

4. If such a situation is there, the petitioner is required to move before the

learned court by way of showing receipt which can be considered by the

learned executing court. No positive order is required to be passed.

5. This petition is disposed of with liberty to the petitioner to approach the

learned executing court to show his bona-fide.

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

( Sanjay Kumar Dwivedi, J.)

SI/