Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF JHARKHAND AT RANCHI C.M.P. No. 879 of 2024
1. Binjo Murmu, aged about 50 years, son of late Biram Majhi
2. Rupai Majhi, aged about 58 years, son of late Ghasiya Majhi Both are residents of village Gobra, P.O. and P.S. Tiring, District-Mayurbhanj, State-Odisha and also residents of village-Karandih, tola Gantadih, P.O. and P.S. Parsudih, District-East Singhbhum …… Petitioners
Versus
1. The Deputy Commissioner, having its office at Sakchi, P.O. and P.S. Sakchi, Town Jamshedpur, District-East Singhbhum
2. Ramsai Hembram, son of late Lugu Hembram, resident of village Karandih tola, Gaitadih, P.O. Karandih, P.S. Parsudih, District-East Singhbhum
…… Opposite Parties
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CORAM:
HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
………. For the Petitioner: Mr. Parambeer Singh Bajaj, Advocate For the State: Mr. K.K. Singh, Advocate
04/Dated: 10/01/2025
Heard learned counsel for the petitioners and learned counsel for the State.
2. This petition has been filed under Article 227 of the Constitution of India for setting aside order dated 23.08.2017 passed by the learned Civil Judge, Senior Division-I, Jamshedpur and also for setting aside order dated 22.04.2024 passed by learned Civil Judge, Senior Division-VI, Jamshedpur.
3.
Learned counsel for the petitioners submits that petition for dropping of the execution proceeding was rejected by order dated 22.04.2024 and petition filed under Order 22 Rule 2 C.P.C filed by the O.P. No.2 was allowed by order dated 23.08.2017. He further submits that against the decree S.A. No. 68 of 2016 has been filed before this Court which has been admitted on law point and subsequently legal heirs and successors of the decree holder have been impleaded in the second appeal.
4. If such second appeal is pending, all the points can be raised by the petitioners in the said second appeal and further law point can be casted
on showing the Bonafide by the petitioners.
5. In the light of above, the petitioners are required to take efforts in the pending second appeal. There is no merit in this petition accordingly, this petition is dismissed. Pending I.A, if any, stands, dismissed.
( Sanjay Kumar Dwivedi, J.) Satyarthi/