JHARKHAND HIGH COURT ISSUES ORDER ON TAPAN KUMAR MITRA V/S SATYANARAYAN GOPE AND ROS.

RANCHI, India, March 4 -- Jharkhand High Court issued the following order on Jan. 3:

1. Learned counsel for the appellant is present.

2. This appeal has been filed against the order/judgment dated 10.02.2022 passed in Civil Appeal No. 90 of 2020 by learned District Judge-I, Dhanbad whereby the learned District Judge-I, Dhanbad has been pleased to set-aside the order dated 13.07.2018 passed by learned Civil Judge, Senior Division-VII, Dhanbad in Civil Misc. Case No. 18 of 2018. The executing court had dismissed the petition filed under Order XXI, Rule 97 of the Code of Civil Procedure in Execution Case No. 4 of 2012 arising out of the judgment and decree dated 30.06.2012 (decree signed on 12.07.2012) passed in Title Suit No. 123 of 2008. The objection was numbered as Civil Misc. Case No. 18 of 2018

3. Learned counsel for the appellant has submitted that the appellant is the decree holder in the suit for specific performance of contract against the sole defendant namely, Koili Devi. At the stage of execution, one objection was filed on behalf of the applicants Satya Narayan Gope and two others which was opposed by the decree holder. The applicants claimed to be the rightful owner in possession of the suit land by virtue of a registered deed. Admittedly, the objection was dismissed by the executing court at the stage of admission itself.

4. The order passed in Civil Misc. Case No. 18 of 2018 was challenged by the applicants before the 1st appellate court in Civil Appeal No. 90 of 2020. The learned 1st appellate court has set-aside the judgment of the executing court rejecting the objection of the applicants and directed the executing court to adjudicate the objection raised by the applicants, numbered as Civil Miscellaneous Case No. 18 of 2018.

5. The learned counsel for the appellant has submitted that the learned 1st appellate court has failed to apply the provisions of law correctly while setting aside the order passed by the executing court. However, during the course of hearing it is not in dispute that the objectors(applicants) were not party in the connected suit of the execution case and in the suit the sole defendant was Koili Devi. 6. The extract of the judgment passed by the learned 1st appellate court relevant for the purposes of the present case are quoted as under:-

"On above backdrop, after close perusal of the Annexure- 1 which is the plaint of TS No. 123 of 2008, it would appear that Koili Devi was sole defendant therein. Curiously enough the Annexure- 2 which is CC Written Statement of Koili Devi in T. S. No. 123 of 2008 as well as also Annexure- 3 which is CC of Judgment and Decree passed in TS No. 123 of 2008 are quite silent about the role and part, if any, played by Shiv Pujan Gope who admittedly in relation is the full brother of the appellants. Further more, the Annexure-3 goes to suggest that none was examined orally behalf of the defendant Koili Devi. Therefore it is difficult to infer main particularly in the context of the case at hand that appellants might have been aware or known with the pendency of title suit being its No. 123 of 2008.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=zDLovBVSUw02H8XukOjXfEs%2F8ch15loU5HU9i40ny2zzxo2pTrW%2BcYfo%2BBOScLzC&caseno=SA/50/2023&cCode=1&cino=JHHC010105272022&state_code=7&appFlag=)

Disclaimer: Curated by HT Syndication.