Mahabir Oraon vs Most. Gagai Oraon
2026 Latest Caselaw 359 Jhar

Jharkhand High Court

Mahabir Oraon vs Most. Gagai Oraon on 21 January, 2026

Author: Rajesh Kumar

Bench: Rajesh Kumar

                                                                      2026:JHHC:1661



           IN THE HIGH COURT OF JHARKHAND AT RANCHI
                         C.M.P. No. 19 of 2026
     1. Mahabir Oraon, Aged about 62 years,
     2. Etwa Oraon, Aged about - 55 years,
           Both are the Sons of Late Dharu Oraon, Resident of Village Kotpali,
     P.O. & P.S Bero, District- Ranchi          ............Plaintiff/ Petitioner(s)
                               Vrs.
     1. Most. Gagai Oraon, W/o Late Etwa Oraon,
     2. Sahdeo Oraon, S/o Late Etwa Oraon
           Both are R/O Village Tutlo, P.O. & P.S. Bero (Narkopi), District -
     Ranchi,                             ......... Defendants/ Opposite Party(s)
     3. The Deputy Commissioner, Ranchi, having it's office at Ranchi, P.O-
     G.P.O, P.S.- Kotwali, District- Ranchi
                                      .....Statutory Defendant/Opposite Party (s)
     4. Prema Oraon, Son of Late Dharu Oraon, Resident of Village Kotpali, P.O.
     & P.S-Bero, District- Ranchi            ...Plaintiff / Performa Defendant
                                                     .......... Opposite Party(s)
                               .......

CORAM: HON'BLE MR. JUSTICE RAJESH KUMAR For the Petitioner(s) : Mr. Manoj Kr. Choubey, Advocate For the O.P.(s) : Mr. Sachin Kumar, AC to SC-I

02/21.01.2026 The present C.M.P. has been filed for the following relief:

"a) For the issuance of an appropriate writ/writs, order / orders, direction/directions in the nature of certiorari for setting aside the order dated 04.09.2025 (Annexure -5) in M.C.A. No. 285/2025 Passed by Court of Ld. Civil Judge-Junior division, Ranchi, whereby and where under the application filed by the plaintiffs/petitioners U/O VI, Rule-17 of C.P.C application has rejected by the Learned court.

AND/OR

b) For the issuance of an appropriate writ/writs, order / orders, direction / directions in the nature of certiorari by setting aside the order dated 04.09.2025 (Annexure-5) passed by the Court of Ld. Civil Judge Junior division, Ranchi in Execution Case No. 25/2018 by filing M.C.A No. 285/2025, may be remanded back to the learned court for deciding the issue a fresh as per the original records."

2. Admittedly, there is civil dispute between the parties, which has

2026:JHHC:1661

been number as Title Suit No. 138 of 2011, which has been disposed of vide judgment dated 28.04.2018 and decree dated 10.05.2018 passed the court of Additional Munsif VIII, Ranchi in favour of the plaintiff. For execution of the same, execution proceeding has been initiated being Execution Case No. 25 of 2018. A petition under Order 6 Rule 17 of the CPC has been filed by the petitioner for amendment of the decree, which was rejected by the court of learned Civil Judge- Junior Division, Ranchi vide order dated 04.09.2025, which is impugned in the present C.M.P.

3. It appears that the above provision for amendment is available during pendency of the suit and not after its disposal. Thus, the petition under Order 6 Rule 17 was misconceived and it has been rightly rejected by the learned Court below.

4. In view of above discussion, I find no reason to entertain the present CMP, which is accordingly dismissed.

(Rajesh Kumar, J.) 21.01.2026 A. Mohanty Uploaded

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