Allowed

Bihar Khadi Association through Its Manager Sri Deo Nandan Roy and Anr. v. Tata Iron And Steel Company Ltd.

Jharkhand HC7 Jul 2014WPC/2863/2014

Case brief

AI extract

What is this about?

The High Court of Jharkhand allowed a writ petition regarding a refusal of stay of further proceedings in an execution case pending an eviction appeal. Setting aside the impugned order, the Court stayed the execution proceedings and directed the appeal's disposal within three months to prevent delay.

What did the court decide?

The order dated 09.06.2014 refusing stay was set aside; further proceedings in Execution Appeal No.14 of 2009 were stayed.

Bihar Khadi Association through Its Manager… — Civil Procedure and Limitation | Jharkhand HC (2014)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(C) No. 2863 of 2014

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Bihar Khadi Association & Anr. ... ... Petitioners Versus Tata Iron and Steel Company Ltd. ... ... Respondent ----- CORAM: HON’BLE MR. JUSTICE R.R. PRASAD

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----For the Petitioners : Mr. P.A.S. Pati, Advocate For the Respondent : Mr. G.M. Mishra, Advocate

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02/ 07.07.2014. This writ petition is directed against the oder dated 09.06.2014 passed by learned District Judge-IV, Jamshedpur, in Eviction Appeal No.14 of 2009 whereby and whereunder, prayer for stay of the further proceeding of the Execution Case No.35 of 2009, pending in the court of learned Civil Judge, Jr. Division No.V, at Jamshedpur, was refused.

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Learned counsel appearing for the appellants/petitioners submits that against the order of eviction, the appellants/petitioners did prefer Eviction Appeal No.14 of 2009 before learned District Judge-IV, Jamshedpur under Order XLI rule 5 read with Section 151 C.P.C for stay of the further proceeding of the Execution Case, but that prayer was rejected, on the premise that the appellants/petitioners have delayed the disposal of appeal and, thereby, they are not entitled to get the proceeding of Execution Case stayed.

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According to Mr. P.A.S. Pati, learned counsel appearing for the petitioner, the reason assigned by the court below is not justified, as if the appellants/petitioners are dispossessed from the suit premises during the pendency of the appeal, a grave injustice would be caused to them and, therefore, it has been observed by the Hon'ble Supreme Court that ordinarily proceeding of execution case be stayed in case of pendency of appeal.

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As against this, Mr. G. M. Mishra, learned counsel appearing for the respondent submits that the appellants/petitioners have delaying the disposal of the appeal deliberately and under the circumstances, the court below is absolutely justified in passing impugned order.

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If the appellants/petitioners are dispossessed from the suit premises pursuant to order passed by the executing court, during the pendency of the appeal, a grave injustice and harassment would be caused to

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the petitioners/appellants.

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In that view of the matter, the oder dated 09.06.2014 passed by learned District Judge-IV, Jamshedpur in Eviction Appeal No.14 of 2009 is, hereby set, aside. Consequently, further proceeding of Execution Appeal No.14 of 2009 is stayed.

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It is made clear that the appeal would be disposed of within a period of three months from the date of receipt of a copy of this order and the appellants/petitioners shall not be taking unnecessarily adjournment.

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If any dilatory tactics is adopted for delaying the disposal of the case within the time stipulated, the order passed by this Court for staying the further proceeding of execution case shall stand vacated.

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Accordingly, this writ petition is disposed of.

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Let a copy of this order be communicated through Fax at the cost

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of the petitioners.

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Ravi/

Bihar Khadi Association through Its Manager Sri Deo Nandan Roy and Anr. v. Tata Iron And Steel Company Ltd.

Case brief

What is this about?

What did the court decide?

Bihar Khadi Association through Its Manager Sri Deo Nandan Roy and Anr. v. Tata Iron And Steel Company Ltd.

Case brief

What is this about?

What did the court decide?

What the court decided

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