Amit Kumar Sinha vs The State Of Jharkhand Through The ...
2025 Latest Caselaw 3758 Jhar

Jharkhand High Court

Amit Kumar Sinha vs The State Of Jharkhand Through The ... on 22 May, 2025

Author: Sanjay Prasad

Bench: Sanjay Prasad

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     IN THE HIGH COURT OF JHARKHAND AT RANCHI
               C.M.P. Filing No. 5720 of 2025
                                   With
                      I.A. No. 6697 of 2025
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1.Amit Kumar Sinha

2.Meera Prasad

3.Samir Kumar

4.Juhi Rani ..... Petitioners Versus

1.The State of Jharkhand through the Deputy Commissioner, Hazaribagh

2. Rewa Singh

3. Vaibhav Narayan Singh

4. Saurabh Narayan Singh ..... Respondents

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CORAM: HON'BLE MR. JUSTICE SANJAY PRASAD

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For the Petitioners: Mr. Ravi Prakash Mishra, Advocate For the State : Mr. Devesh Krishna, S.C. (Mines-III)

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02/22.05.2025 This Civil Miscellaneous Petition has been filed for quashing the entire proceeding of Execution Case No. 155 of 2016, pending in the Court of learned Civil Judge (Senior Division) III, Hazaribagh as proceeding of the Execution Case attracts Section 10 of C.P.C. as the subject matter in the Execution Proceeding is directly or substantially in issue in Civil Appeal No. 10 of 2020, pending in the Court of Addl. Sessions Judge, Hazaribagh and for other ancillary reliefs.

2. The instant Interlocutory Application has been filed under Article 227 of the Constitution of India for stay of the proceedings of Execution Case No. 155 of 2016, pending in the Court of learned Civil Judge (Senior Division) III, Hazaribagh as the proceedings of Execution Case No. 155 of 2016 and proceedings of Civil Appeal No. 10 of 2020,

pending in the Court of Addl. Sessions Judge, Hazaribagh, involve the same issues and same parties.

3. Heard learned counsel for the petitioners and learned counsel for the Respondent State.

4. It is submitted by learned counsel for the petitioners that the proceedings of Execution Case No. 155 of 2016, pending in the Court of learned Civil Judge (Senior Division) III, Hazaribagh may be stayed as the proceedings of Execution Case No. 155 of 2016 filed by the Respondent No. 2 to 4 and proceedings of Civil Appeal No. 10 of 2020, pending in the Court of Addl. Sessions Judge, Hazaribagh, filed on behalf of the petitioners, involve the same issues and almost the same parties.

5. It is submitted that the ancestors of the petitioners were residing in the property in question, i.e., Fair Field Bunglow, since the year 1937 and presently the petitioners are residing there and hence, possession may not be handed over to the respondents till the disposal of Civil Appeal No. 10 of 2020 pending in the court of Additional District & Sessions Judge, Hazaribagh.

6. It is further submitted that earlier even the Respondent No.3 had filed Title Suit No. 80 of 2006, which was dismissed by the learned Sub-Judge-VI, Hazaribagh vide judgment dated 24.06.2011, but, thereafter the Respondent No.3 and 4 had filed Title Appeal No. 51 of 2011, which was allowed vide the judgment dated 04.03.2016 by the learned Appellate Court (i.e. learned District Judge-II, Hazaribagh) and which has been challenged by the petitioners by filing Second Appeal No.171 of 2016 before the High Court of Jharkhand, however, said Second Appeal No.171 of 2016 stood dismissed for non-prosecution on 17.09.2018 and the Petitioners have filed Civil Miscellaneous Petition No. 219 of 2019 for

restoration of Second Appeal, which is still pending before this Court. It is further submitted that vide order dated 03.04.2025, the learned Court below has ordered to execute the Decree and hence, the proceeding in the Execution Case No. 155 of 2016 may be stayed.

7. On the other hand, learned counsel for the State has submitted that this is a dispute between two private parties and the State is a formal party in this case and hence, necessary order may be passed.

8. Having heard learned counsel for the parties and from perusal of the record of this Civil Miscellaneous Petition and from the pleadings of this Civil Miscellaneous Petition, it appears that both the parties are claiming the same along with the Bungalow and have their rival claims.

9. It appears that the Second Appeal No. 171 of 2016 is not restored till date for which C.M.P. No. 219 of 2019 is still pending.

10. It further appears that the petitioners had initially filed First Appeal No. 147 of 2011 before the High Court of Jharkhand challenging the judgment and decree dated 24.06.2011 and 05.07.2011 respectively in T.S. No. 116 of 2004, passed by the learned Sub-Judge-VI, Hazaribagh. However, the case was transmitted back to the District Court and the said case was registered as Civil Appeal No. 10 of 2020, which was pending in the Court of learned Principal District Judge, Hazribagh and now it is pending before Sri B.K. Pandey, learned A.D.J.-VII, Hazaribagh.

11. It appears that the Respondent No.2 to 4 had filed T.S. No. 80 of 2006 for the part of the land and the properties including the Bunglow, which was also subject matter of Title Suit No.116 of 2004. However, the said Title Suit has been dismissed vide judgment and decree dated

24.06.2011 and 05.07.2011 by the learned Sub-Judge-VI, Hazaribagh and against which the petitioners had filed F.A. No. 147 of 2011 before the High Court of Jharkhand, Ranchi. However, the said matter was remitted before the Principal District Judge, Hazaribagh by the High Court giving rise to Civil Appeal No. 10 of 2020.

12. It has also been contended that Respondent No. 2 to 4 did not appear before the Principal District Judge, Hazaribagh.

13. It also appears from the record that the present Civil Appeal No. 10 of 2020 is pending before the Court of Shri B.K. Pandey, learned A.D.J.-VII, Hazaribagh and even after paper publication of Notice the Respondent No. 2 to 4 did not appear before the learned Appellate Court below and vide Order dated 05.01.2024, the appeal is fixed for Ex-parte hearing against Respondent No. 2 to 4 in Civil Appeal No. 10 of 2020.

14. It appears that on one hand the Second Appeal No.171 of 2016 has not been restored even after filing of the C.M.P. No. 219 of 2019 by the petitioners and on the other Respondent No. 2 to 4 are not appearing in Civil Appeal No. 10 of 2020, pending before the learned A.D.J.-VII, Hazaribagh.

15. From the pleadings of the petitioners, it would appear that the suit property, which is the subject matter of the Civil Appeal No. 10 of 2020 filed by the petitioners is also part of the suit property of T.S. No. 80 of 2006 filed by Respondent No. 3 and 4.

16. However, much water have flown and the petitioner have not challenged the order dated 26.07.2023 passed in Execution Case No. 155 of 2016, vide which the petition under Order XXI Rule 29 of C.P.C. and Section 10 of

C.P.C. filed by the petitioners for stay of the execution of decree was rejected by the learned Court below.

17. However, it also appears that even the petitioners have not challenged the order passed as far back as on 26.07.2023 in Execution Case No. 155 of 2016 by the learned Civil Judge, Senior Division by which the petition filed by the Judgment Debtors-Petitioners have under Order XXI Rule 29 of C.P.C. and Section 10 of C.P.C., for stay of the execution of decree was rejected.

18. It also appears from the Ordersheet of the Execution Case No. 155 of 2016, enclosed by the learned counsel for the petitioners with this Civil Miscellaneous Petition that the order of writ of delivery of possession has been passed and Force has been deputed for delivery of possession of the suit property.

19. It has been informed that delivery of possession has not been handed over to the Respondent No. 2 to 4 till date.

20. It appears from the ordersheet that vide order dated 05.05.2005, the learned Executing Court had called for Seristedar report on 13.05.2025.

21. Issue Notice to Respondent No.2, 3 and 4 by both the process, i.e. Registered Post with A/D and Ordinary Process, for which requisites etc. shall be filed within one week from today, failing which this C.M.P. Filing No. 5720 of 2025 shall stand dismissed without further reference to the Bench.

22. The State is also directed to file affidavit about the status of the Suit Property.

23. However, the petitioners are directed to clarify as to whether the State of Jharkhand or the Deputy Commissioner, Hazaribagh was party in the Title Suit No. 116

of 2004 as well as Civil Appeal No. 10 of 2020, otherwise, the State may not be a necessary party in this Civil Miscellaneous Petition.

24. Put up this case, i.e. C.M.P. Filing No. 5720 of 2025 on 18th June, 2025 and till then proceeding of delivery of possession in Execution Case No. 155 of 2016, pending in the Court of learned Civil Judge (Senior Division) III, Hazaribagh, is stayed to the extent that delivery of possession of the suit property may not be handed over to the Respondent No. 2 to 4, if not already given till date.

25. Let a copy of this Order be sent to the learned Court below.

(Sanjay Prasad, J.) s.m.