Abhimanue Ganjhu vs Samrendra Kumar & Ors

Dr. S.N.Pathak, J

I.A. No.10262 of 2023

The interlocutory application no.10262 of 2023 has been filed for ignoring the defect no.1 as pointed out by the office.

Learned counsel for the petitioner submits that defects as pointed out by the office have already been removed save and except the defect no.1. It has been further argued that in view of the urgency, a prayer has been made to ignore the defect no.1 at this juncture.

Learned counsel further submits that the opposite party no.1 is adamant to dispossess the petitioner from residential house over the portion of the suit property and as such there is urgency in the matter.

In view of the urgency shown by learned counsel for the petitioner and in view of the fact that this Civil Revision has been preferred and the house of the petitioner is going to be demolished the Defect no.1 is hereby ignored for the present.

I.A. No.10262 of 2023 stands allowed.

I.A. No.10255 of 2023

This interlocutory application has been filed under Order XXXIX Rule 1 and 2 read with Section 151 of Code of Civil Procedure.

Learned counsel for the petitioner submits that the instant case has been filed for setting aside the order dated 03.10.2023 passed by the learned Civil Judge (Senior Division)-I, Khunti in Execution Case No.04 of 2023 and to quash the entire Execution Case No.04 of 2023 filed by the opposite party no.1 to execute the part of the final decree dated 30.06.2022 passed by the learned Civil Judge (Senior Division)-I, Khunti in Partition Suit no. 90 of 1951.

The I.A. No.10255 of 2023 has been filed for seeking interim relief in the instant petition. Petitioner prays for restraining the opposite party no.1 from making any construction over the lands appertaining to Plot Nos.1536, 1635, 1529, 1019, 1007, 1008, 1531, 1533 454 and 459 situated at Khunti and lands under proceeding during the pendency of the instant Civil Revision. It has been specifically stated in para-9 of the said interlocutory application that the opposite party no.1 in collusion with some of the defendants and anti social elements are adamant to make construction over the said land as mentioned above, situated at Khunti as well as other lands after demolishing the existing house and other structure which is evident from bare perusal of the photographs. It has been further argued that though appeal has been filed and appeal against the final decree has been stayed and appeal has been admitted and Execution Case No.3 of 2023 is pending and thereafter concealing the said fact another Execution Case No.4 of 2023 has been filed for delivery of possession, in that execution case order has been passed.

Having heard the rival submission of the learned counsel for the petitioner, this Court is of the view that prima facie case is made out, in favour of the petitioner.

Let notices be issued to O.P. Nos.1 to 105 under registered cover with A/D as well as under ordinary process, for which, requisites etc. must be filed by the petitioner three weeks after Diwali Puja Holidays.

In the meantime, O.P. No.1 is restrained from making any construction over the suit land and status quo as on date shall be maintained.

I.A. No.10255 of 2023 stands allowed.

Let a copy of this order be communicated to the concerned court through FAX/e-mail.

C.R. No.30 of 2023

As prayed for, put up this case in the month of March, 2024.