Citation : 2025 Latest Caselaw 1011 Jhar
Judgement Date : 21 July, 2025
IN THE HIGH COURT OF JHARKHAND, RANCHI
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C.M.P. No. 592 of 2025
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Pinki Devi @ Asha Devi ...... .... ... Petitioner(s)
-- Versus --
Arbind Kumar Gupta ...... .... ... Opposite Party(s)
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CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
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For the Petitioner(s) : Mr. Bibhash Sinha, Advocate
For the Opposite Party(s) :
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2/21.07.2025 Learned counsel for the petitioner submits that Title Suit No.12 of 2001
was instituted under Section 13 of the Specific Reliefs Act and the Permanent
Lok Adalat has passed the judgment and decree directing the defendant to
execute the sale deed. He further submits that nature of the dispute is not
coming within the purview of 'public view' and it is collusive in nature and
further in view of that the partition suit was pending and subsequently it has
been decided in favour of the petitioner and other co-sharer and the share has
already been provided to the petitioner is also interfered with. He submits that
the share of the petitioner here has been decreed by the Permanent Lok Adalat.
He relied in the case of Aditya Narayan Thakur and Another v. Parsnath
Thakur and Others reported in 2025 SCC OnLine Jhar 495.
2. Issue notice upon the sole Opposite party by registered post with A/d as
well as under ordinary process for which requisites etc must be filed within a
week.
3. In view of above, there shall be stay of operation of the order dated
18.02.2003 as well as the decree dated 04.03.2003 passed by Permanent Lok
Adalat in P.L.A No.270 of 2001 as well as Title Suit No.12 of 2001 till the next
date.
4. Let this matter appear on 08.9.2025.
( Sanjay Kumar Dwivedi, J.)
SI/
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