Jharkhand High Court
Smt. Aparna Ghosh vs Smt. Archana Ghosh on 9 October, 2025
Author: Gautam Kumar Choudhary
Bench: Gautam Kumar Choudhary
2025:JHHC:31311
IN THE HIGH COURT OF JHARKHAND AT RANCHI
C. M. P. No. 920 of 2025
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1. Smt. Aparna Ghosh, W/o Late Birendra Chandra Ghosh, R/o H. No. 1,
Kharkhai Link Road, Bistupur, P.O. & P.S.-Bistupur, Town-Jamshedpur,
Dist.-East Singhbhum, Jharkhand
2. Bidhan Chandra Ghosh, S/o Late Birendra Chandra Ghosh,
R/o H. No. 1, Kharkhai Link Road, Bistupur, P.O. & P.S.-Bistupur,
Town-Jamshedpur, Dist.-East Singhbhum, Jharkhand
3. Mita Ghosh, D/o Late Birendra Chandra Ghosh, R/o H. No. 1, Kharkhai
Link Road, Bistupur, P.O. & P.S.-Bistupur, Town-Jamshedpur, Dist.-East
Singhbhum, Jharkhand ... .... Petitioners
Versus
1. Smt. Archana Ghosh, W/o Late Kanu Chandra Ghosh, R/o H. No. 50,
Sitaramdera, New Layout, P.O.-Agrico, P.S.-Sitaramdera, Dist.-East
Singhbhum, Jharkhand
2. Abhijeet Ghosh, S/o Late Kanu Chandra Ghosh, R/o B42, Riviera
Elegance, NR Prahlad Nagar, garden Off Corporate Road, Prahlad
Nagar, P.O.-Prahlad Nagar, P.S.-Anand Nagar, Dist.-Ahmedabad, Gujrat
3. Shampa Gulgulia, D/o Late Kanu Chandra Ghosh, R/o B42, Riviera
Elegance, NR Prahlad Nagar, garden Off Corporate Road, Prahlad
Nagar, P.O.-Prahlad Nagar, P.S.-Anand Nagar, Dist.-Ahmedabad, Gujrat
4. Abhishek Ghosh, S/o Late Kanu Chandra Ghosh, R/o H. No. 50,
Sitaramdera, New Layout, P.O.-Agrico, P.S.-Sitaramdera, Dist.-East
Singhbhum, Jharkhand ... .... Opp. Parties
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CORAM: HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY
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For the Petitioners : Mr. Zaid Imam, Advocate
For the Opp. parties :
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Oral Order
02 / Dated : 09.10.2025
1. The instant civil misc. petition has been filed for quashing the order
dated 21.03.2025 passed in Execution Case No. 54 of 2024, whereby
and whereunder, the Executing Court has disposed of the petition
without executing the decree, whereby the decree holder was to get
Shop No. 4 in lieu of Shop No. 2, as stated in para-20 of the judgment in
S.A. No. 137 of 2012.
2. It is submitted by learned counsel for the petitioners that defendant no.
1/judgment debtor - Archana Gosh and others were already in
possession of Shop No. 2 and in order to satisfy the decree and direction
passed by this Court, the petitioner had moved before the Executing
Court for delivery of Shop No. 4. However, without calling for any
2025:JHHC:31311
report and physical verification, the execution case was disposed of with
a direction to both sides to abide with the decree passed by this Court.
3. The facts of the matter are that the decree holder has been left high and
dry in spite of having a decree, but without the possession of the said
shop.
4. On perusal of the impugned order, it is apparent that there is no physical
verification as to whether possession of Shop No. 4 was actually
delivered to the decree holder or not.
Under the circumstance, the impugned order is set aside. The
Executing Court is directed to proceed with the matter for effective
execution of the decree.
Civil Misc. Petition stands disposed of. Pending I.A., if any, stands
disposed of.
(Gautam Kumar Choudhary, J.)
AKT/Satyendra
Uploaded
10.10.2025
