High CourtsSingle Bench(2021) 04 JH CK 0074

Rakesh Kumar & Others vs Kusum Devi

Jharkhand High Court · Decided on 8 April 2021

HON’BLE JUDGES
Sujit Narayan Prasad, J
CASE NUMBER
Writ Petition(C) No. 2260 Of 2013

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Judgment

9 paragraphs · 364 words

The matter has been taken up through video conferencing. Reference may be made to the order dated 25th March, 2021 whereby and whereunder the court of Sub-Judge-I, Chaibasa has been directed to submit a report as to why the execution case being Execution Case No. 2 of 2009 is still pending before the court of Sub-Judge-I at Chaibasa when there is no ad-interim stay keeping the proceeding of Execution Case No. 2 of 2009 in abeyance.

It appears from the office note that the order dated 25th March, 2021 has already been communicated to the court of Sub-Judge-I, Chaibasa. It further appears that as yet no report has been furnished by the court of Sub-Judge-I, Chaibasa.

In view thereof, the Sub-Judge-I, Chaibasa is directed to explain as to why the report has not been submitted in terms of order dated 25th March, 2021 even though the aforesaid order, as per the office note of this Court dated 06.04.2021, has already been communicated to the court of Sub-Judge-I, Chaibasa.

Let this order be communicated through the Registrar General of this Court to the Principal District Judge, Chaibasa for its onward communication to the Sub-Judge-I, Chaibasa.

Mr. Ashish Verma, learned counsel, who is not Advocate on record, submits on behalf of Mr. Pawan Ranjan Khatri, that since Mr. Khatri is suffering from COVID-19, he is not in a position to argue the matter and, therefore, adjournment has been sought for on his behalf.

This Court, before granting adjournment for the reason aforesaid, deems it fit and proper to record that on earlier occasion also time was sought for by Mr. Pawan Ranjan Khatri, learned counsel, who is Advocate on record for the petitioner. This Court, however, had granted time taking into consideration the reason assigned by Mr. Khatri, even though the matter is of the year 2013.

Since Mr. Khatri is suffering from COVID-19, therefore, the instant case is adjourned for two weeks.

Office of this Court is directed to communicate this order to learned Registrar General of this Court so that the order be communicated and explanation as sought for be furnished before the next date of hearing.

Let this matter be listed on 29.04.2021.