RAJ KUMAR NONIA v. GANESH NONIA ALIAS GANESH SINGH
C.M.P./704/2024 · 2025-01-08
Sanjay Kumar Dwivedi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 19993 (JHR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 19993 (JHR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF JHARKHAND, RANCHI
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C.M.P. No. 704 of 2024
---- Raj Kumar Nonia, son of Chhatradhari Nonia aged about 66 years, resident of Village Nawdiha, PO Nawgarha, P.S. Bishrampur, District- Palamau
……
Judgment Debtor/ Petitioner(s) -- Versus --
Ganesh Nonia alias Ganesh Singh, son of Gulab Nonia, aged about years resident of Village Nawdiha, P.O. Nawgarha, P.S.Bishrampur, District Palamau
…… Decree holder/ Opposite Party
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CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
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For the Petitioner(s) :- Mr. Baban Prasad, Advocate
For the Opp.Party :- Mr. Manoj Kumar No.II, Advocate
---- 5/08.01.2025 Heard the learned counsels appearing on behalf of the parties.
2. The petitioner is aggrieved with the order dated 7.3.2024 passed in Execution Case No.5 of 2019 passed by the learned Senior Civil Judge -I, Palamau.
3.
Learned counsel for the petitioner submits that a sum of Rs.2,85,000/- pursuant to the decree has already been paid to the decree holder and rest of Rs.1,40,000/- the petitioner is ready to pay. He submits that the receipt was not filed by the conducting advocate before the learned court and in view of that, the said order has been passed.
4. If such a situation is there, the petitioner is required to move before the learned court by way of showing receipt which can be considered by the learned executing court. No positive order is required to be passed.
5. This petition is disposed of with liberty to the petitioner to approach the learned executing court to show his bona-fide.
6. Pending petition if any also stands disposed of accordingly.
( Sanjay Kumar Dwivedi, J.)
SI/