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2025 DAILYLAW 41270 (JHR)

MALA WELFARE SOCIETY, THROUGH ITS SECRETARY NAMELY DEEPMALA KUMARI v. PUNIT RABIDAS

C.M.P./985/2025 · 2025-11-19

Gautam Kumar Choudhary

body2025

Judgment text

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2025:JHHC:34564 IN THE HIGH COURT OF JHARKHAND AT RANCHI C.M.P. No. 985 of 2025 ------ Mala Welfare Society, through its Secretary namely Deepmala Kumari , wife of Sri Manoj Kumar, Office at Banahapa, P.O. Banahappa, P.S. Muffasil and District Hazaribagh .... .... …. Petitioner Versus 1. Punit Rabidas, son of Late Raghu Das, resident of Canary Hill Road, near Mount Egmount School, P.O. Hazaribagh, P.S. Korrah, District Hazaribagh 2. Manoj Kumar, son of Jeewadhan Prasad, resident of village Pesra, P.O. Ganpacho P.S. Korrah, District Hazaribagh .... .... .... Opposite Parties CORAM: HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY For the Petitioner : Mr. Kushal Kumar, Advocate For the Opp. Parties : Order No.04 / Dated : 19.11.2025 This civil misc. petition has been filed for modification of the order dated 15.09.2025 passed in C.M.P. No. 578 of 2025, whereby and whereunder, the parties were directed to appear before the District Court, Hazaribagh for filing an appeal under Order XXI Rule 58 (4) CPC against the impugned order of attachment by the executing Court. 2. Heard the counsel on behalf of the Petitioner. 3. Considering the submission that the suit valuation is more than Rupees Twenty Five Lakhs, therefore, the appeal will not lie before the District Court, Hazaribagh as earlier ordered, rather before this Court. 4. As the suit value is more than Rupees Twenty Five Lakhs, liberty to prefer the appeal before this Court is allowed. Further, the said appeal will be preferred before this Court within thirty days form the date of this order and unless an order of stay is granted by the appellate Court, the executing Court will proceed as per law thereafter. 5. Order dated 15.09.2025 passed in C.M.P. No. 578 of 2025 is modified to the aforesaid extent. Civil Miscellaneous Petition is disposed of. Pending Interlocutory Application, if any, is disposed of. (Gautam Kumar Choudhary, J.) Anit Uploaded 21.11.2025