Extracted from the PDF above. The PDF is authoritative.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI C.M.P. No. 249 of 2025
Savitri Devi, aged about 67 years, wife of Shri Awadh Bihari Singh, resident of village Punjabi Mohalla, P.O. Giridih, P.S. Giridih, District-Giridih (Jharkhand) ………………….Petitioner
… Versus….
Gita Sinha, aged about 65 years, wife of Shri Nawal Kishor Prasad, resident of village Punjabi Mohalla, P.O. Giridih, P.S. Giridih, District- Giridih, Jharkhand .…… Opposite Party
CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
For the Petitioner : Mr. Sumit Prakash, Advocate For the Opp. Party : ……….
04/Dated: 18/03/2025
Heard learned counsel for the petitioner.
2.
This petition has been filed under Article 227 of Constitution of India for setting aside order dated 04.01.2025 passed by the Munsiff Giridih in Civil Miscellaneous Application No. 208/2024 arising out of Execution Case No. 11 of 2018, whereby the petition filed by the petitioner under section 47 read with section 151 of C.P.C. has been rejected.
3.
Mr. Sumit Prakash, learned counsel for the petitioner submits that Opposite Party instituted Title Suit No. 39 of 2001 for declaration of permanent heritable and transferable basto right, title, interest and possession with regard to suit property. He submits that both the parties during pendency of the suit arrived at compromise and on the basis of said compromise decree dated 15.09.2011 was prepared and it was decreed accordingly and thereafter execution case being Execution Case No. 11/2018 was instituted for compliance of said decree. He further submits that terms of compromise have been violated and in view of that objection petition has been filed and the the learned court has wrongly decided the same.
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4.
From the impugned order dated 04.01.2025 it transpires that said execution case was already disposed of and earlier during pendency of the execution case, an objection petition was already filed which has been decided by the learned court and after disposal of the execution case further petition has been filed before the executing court. The learned court by way of elaborate order has been pleased to dismiss the same and the learned court has rightly held that executing court can not go beyond the decree and the said execution case was disposed of. There is no illegality in the impugned
order and accordingly, this petition is dismissed. Pending I.A, if any, stands
disposed of.
( Sanjay Kumar Dwivedi, J.) Satyarthi/-