RANCHI, India, May 19 -- Jharkhand High Court issued the following order on April 21:

1. All these petitions have been tagged together. However for the sake of brevity separate order is being passed in one CMP being C.M.P. No. 515 of 2023.

2. Heard Mr. Shailesh Kumar Singh, learned counsel appearing for the petitioner, Mr. Rahul Kr. Gupta, learned counsel appearing for the opposite party nos.1 to 8, Mr. P.K. Bhattacharya, learned counsel appearing for the opposite party no.24, Mr. Rishi Pallav, learned counsel appearing for the opposite party nos.9 to 11, Mr. Lukesh Kumar, learned counsel appearing for the opposite party nos. 18 to 20, Mr. Ashutosh Anand, learned counsel appearing for the opposite party nos.21 and 22, Mrs. Richa Sanchita, learned counsel appearing for the opposite party no.23 and Mr. Rajiv Kr. Karan, learned counsel appearing for the opposite party nos.12 to 17.

3. These petitions have been filed under Article 227 of the Constitution of India and prayer in C.M.P. No. 1106 of 2023 is made for setting aside the order dated 14.08.2023 passed by learned Civil Judge, Senior Division-1st, Dhanbad in Execution Case No.30 of2023, whereby the learned Court has been pleased to dismiss the application dated 26.06.2023 preferred by the petitioner u/s 45 of the Evidence Act seeking the learned Court's intervention in the matter of proxy filing of petitions by Mr. Jaiprakash Roy and Chanchala Kumari who have been signing as Maya Paul.

4. Mr. Shailesh Kumar Singh, learned counsel appearing for the petitioner submits that Title Suit No. 76 of 2006 was instituted by the plaintiff, who are the respondent nos.1 to 8, which has been decreed by the judgment dated 15.12.2011. He submits that for execution of the said decree, Execution Case No.30 of 2023 has been filed by the plaintiff. He further submits that being aggrieved with the decree, opposite party no. 9 to 11 have preferred First Appeal, being F.A. No. 43 of 2012. He submits that the said First Appeal No. 43 of 2012 was dismissed by the High Court by the judgment dated 30.06.2022, against that judgment, the State has moved before the Hon'ble Supreme Court in Civil Appeal Nos. 6781-6782 of 2023 and in that Civil Appeal, the judgment passed in F.A. No. 43 of 2012 dated 30.06.2022 has been set aside by the Hon'ble Supreme Court vide order dated 26.04.2024 and following directions have been issued:

"Learned counsel appearing for the parties agree that though three proceedings were disposed of by the impugned judgement, by setting aside the impugned judgment in so far as the First Appeal No.43 of 2012 is concerned, the same be remanded to the High Court for fresh consideration. Accordingly, we pass the following order:

(i) Impugned judgment dated 30.06.2022 in so far as the First Appeal No.43 of 2012 is concerned, is hereby set aside. First Appeal No.43 of 2012 is restored to the file of the High Court;

(ii) The interim applications which were disposed of in view of the disposal of the said appeal also stand restored.

(iii) The interim relief, if any, operative in First Appeal No.43 of 2012 till the date of impugned judgment also stands restored with liberty to the parties to make fresh application(s) for grant of interim relief, if any;

(iv) As the judgment on the First Appeal has been set aside, the Review Petition will not survive and the order passed on the Review Petition is also set aside;

(v) All contentions in the restored appeal are kept open and which can be agitated before the High Court;

(vi) We direct that the restored appeal shall be listed before the Roster Bench of Jharkhand High Court on 08.07.2024 for fixing a schedule of hearing.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=tuqye3PhFs%2BBDn75ghiOpLpRv%2BvfRXggro2ChwDyTBeKaeqUkqEfeCQfv2aRBjmC&caseno=C.M.P./986/2023&cCode=1&cino=JHHC010303152023&state_code=7&appFlag=)

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