Jharkhand High Court
Ahilya Devi vs Sheo Narayan Jaiswal & Another ... ... on 31 October, 2025
Author: Anil Kumar Choudhary
Bench: Anil Kumar Choudhary
IN THE HIGH COURT OF JHARKHAND AT RANCHI
C.M.P. No.954 of 2024
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Ahilya Devi ... Petitioner
Versus
Sheo Narayan Jaiswal & Another ... Opposite Parties
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CORAM: HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
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For the Petitioner : Mr. Kundan Kr. Ambastha, Advocate
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Order No:-08 Dated- 31-10-2025
I.A. No.13867 of 2025
Heard the learned counsel for the petitioner.
2. Learned counsel for the petitioner submits that this interlocutory
application has been filed with the prayer to stay the proceedings of Execution
Case No.03 of 2007 pending in the court of Sub-Judge-II, Chatra. It is next
submitted that the petitioner filed Second Appeal No.18 of 2015 challenging the
judgment and decree dated 17.11.2014 passed by the learned District Judge-1st,
Chatra in Miscellaneous (Civil) Appeal No.09 of 2010, whereby and where
under the judgment and order dated 05.10.2010 passed by the learned Munsif,
Chatra in Misc. Case No.04 of 2010 has been confirmed and the said
Miscellaneous (Civil) Appeal No.09 of 2010 has been dismissed. It is further
submitted that the said Second Appeal No.18 of 2015 has not yet been admitted
and the same was listed on 27.02.2023 under the heading 'Admission.' Time
was allowed by a conditional order to the appellant subject to payment of cost
of Rs.1,000/-, failing which the appeal was to be dismissed but the said cost
was not paid by the appellant and the reason of non-payment of the cost is
inadvertence and bonafide mistake, resulting in dismissal of the said Second
Appeal No.18 of 2015, for non-compliance of the peremptory order. The said
Second Appeal stood dismissed on 27.03.2023. This C.M.P. has been filed about
1½ year after the dismissal of the said Second Appeal on 03.09.2024. Of course,
in the meanwhile, the delay in filing this civil miscellaneous petition has been
condoned vide order dated 26.09.2025 in I.A. No.9580 of 2024. It is also
submitted that the Nazir of the Civil Court, Chatra has issued a notice, the copy
of which has been kept at Annexure-2 page- 106 of the Supplementary
Affidavit, intimating the appellant that though the date was fixed to 09.09.2025
for delivery of vacant possession of the suit house and notice was issued to the
appellant but deliberately the appellant put lock in the house and remained
absent. So, the next date is fixed by the court to 03.11.2025 at 11:00 am. Hence,
the petitioner has been called upon to vacate the house on 03.11.2025 failing
which delivery of possession will be made to the decree holder by use of force.
3. It is next submitted that the petitioner has been in physical possession in
the house standing over the land and residing along with her family members
since the last 40 years and also carrying on business in portion of the suit
property which is the only source of livelihood of the petitioner. Hence, it is
submitted that the prayer, as prayed for in the instant interlocutory application
be allowed.
4. Having heard the submissions made at the Bar and after carefully going
through the materials in the record, it is crystal clear that though the petitioner
filed the said Second Appeal No.18 of 2015 more than a decade ago but the
petitioner did not co-operate for the appeal being taken up for consideration as
to whether there is any substantial question of law is involved in the second
appeal. The petitioner never came ready for advancing arguments in the matter
of admission. She prayed for time. Time was allowed as the last chance.
Thereafter, again she prayed for time and time was allowed subject to payment
of cost of Rs.1,000/- by the said peremptory conditional order but she did not
pay the cost and waited for 1½ year to file a petition for restoration of the said
Second Appeal.
5. Though the petitioner has already been issued with a notice to vacate the
house on 09.09.2025 but she has not complied with the order of the Executing
Court. Considering the aforesaid conduct of the petitioner and as the Second
Appeal No.18 of 2015 has not yet been admitted, because of the laches on the
part of the petitioner, this Court is not inclined to stay the proceedings of
Execution Case No.03 of 2007 pending in the court of Sub-Judge-II, Chatra.
6. Accordingly, this interlocutory application, being without any merit, is
dismissed.
(Anil Kumar Choudhary, J.)
List this case in due course.
(Anil Kumar Choudhary, J.)
Dated- 31.10.2025-Animesh/
