Rajendra Vishwakarma vs Satyanarayan Vishwakarma & Ors. .... ...
2025 Latest Caselaw 3804 Jhar

Jharkhand High Court

Rajendra Vishwakarma vs Satyanarayan Vishwakarma & Ors. .... ... on 10 June, 2025

Author: Sanjay Kumar Dwivedi

Bench: Sanjay Kumar Dwivedi

                IN THE HIGH COURT OF JHARKHAND, RANCHI
                         C.M.P. No. 438 of 2025
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1. Rajendra Vishwakarma

2. Ratan Lal Vishwakarma

3. Sanjit Vishwakarma .... Petitioners

-- Versus --

Satyanarayan Vishwakarma & Ors. .... Opposite Parties

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CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

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For the Petitioners :- Mr. Ayush Aditya, Advocate For the O.Ps :-

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02/10.06.2025 Learned counsel appearing for the petitioners submits that

the petitioner Nos.2 and 3 are the judgment debtors who has

purchased the property from petitioner No.1, who happened to be

one of the decree holder and one of the decree holder has given the

right of his identified portion in favour of the petitioner and in view

of that the petition was filed before the learned Court to withdraw

the execution case which has been rejected by the learned Court.

He submits that once the decree is passed in favour of the joint

family the same has to be treated as decree in favour of all the

members of the joint family. He submits that the partition is not

there and in view of that the coparceners are undefined,

indeterminate and cannot be specifically stated to be in respect of

any one portion of the property and that can be decided only in the

partition. To buttress this argument, he relied in the judgment of

Hon'ble Supreme Court in the case of Jagdish Dutt and Another

versus Dharam Pal and Others reported in (1999) 3 SCC 644.

2. Issue notice upon the Opposite Party Nos.1 to 10 under

registered cover with A/D as well as by ordinary process for which

requisites etc. must be filed within a week.

3. Let this matter appear on 28th July, 2025.

4. Till the next date, status-quo as on today shall be

maintained by the parties in Execution Case No.13 of 2010 pending

in the Court of learned Civil Judge (Jr. Division), Chakradharpur.

(Sanjay Kumar Dwivedi, J.) Sangam/