Dismissed

Hasrath Jahan Aliab Boby And Anr. v. Smt Kamla Choudhary And Anr.

Jharkhand HC1 May 2017C.R./4/2017

Case brief

AI extract

What is this about?

In an appeal against a rent arrears order, the High Court observed that the appellant previously attempted to withdraw the suit by falsely claiming hospitalization for his son. A medical report from RIMS contradicted this claim. The court dismissed the revision as withdrawn and warned the appellant against filing frivolous medical certificates.

What did the court decide?

Medical certificate rejected; respondent directed to file application in execution case to realize arrears. Revision dismissed as withdrawn.

Hasrath Jahan Aliab Boby And Anr. Vs Smt Kamla… — Execution and Attachment | Jharkhand HC (2017)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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C.R. No.04 of 2017

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Hasrath Jahan @ Boby, Wife of Laxmi Narayan Ram.

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Laxmi Narayan Ram, Son of Radhakrishna Ram

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Both residents of Kamla Bhawan, J.P. Marg, Kanke Road, P.O. & P.S.-Gonda, District- Ranchi. ………..Petitioners

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Versus

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Smt. Kamla Choudhary, Wife of late Tes Lal Choudhary 2. Rajendra Kumar Choudhary, Son of late Tes Lal Choudhary Opposite Party No.1 and 2 are residents of Kamla Bhawan, J.P. Marg, Kanke Road, P.O. & P.S.- Gonda, District- Ranchi ………. Opp. Parties

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--------CORAM: HON’BLE MR. JUSTICE AMITAV K. GUPTA

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---------- For the Petitioners : Mr. Vijay Shankar Prasad, Advocate For the Opp. Parties : Mr. Rohit Roy, Advocate For RIMS : Mr. Rajesh Kumar, Advocate -----------

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09/Dated:01.05.2017

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Learned counsel for the petitioners submitted that the petitioners have vacated the suit premises and seeks permission to withdraw the present appeal. I.A. No.3627 of 2017

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This interlocutory application has been filed by the respondent/plaintiff for directing the petitioners to deposit the arrears of rent from October, 2016 @ Rs. 4000/- per month.

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Heard. On 23.02.2017, the petitioner was directed to file an affidavit and statement regarding the deposit of rent but the petitioner filed an application on 06.04.2017 stating therein that the son of the petitioner had met with an accident and was admitted in Rajendra Institute of Medical Sciences (RIMS), Ranchi and the petitioner was engaged in the treatment of his son due to which he could not comply the order. The photocopy of the medical report was handed over to Mr. Rajesh Kumar, learned counsel for the Rajendra Institute of Medical Sciences (RIMS), Ranchi for submission of the verification report by the Director, RIMS regarding the status of the patient. The affidavit has been filed on behalf of the Director, RIMS stating that the patient was treated and discharged as an outdoor patient.

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In view of the report of the Director, the appellant is warned that he should not file such frivolous medical certificate in future with intent to circumvent the orders of the Court. The respondent is at liberty to file appropriate application in the court below in the execution case for realization of the arrears of rent from October 2016.

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I.A. no. 3627 of 2017 stands disposed off.

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With the said observation and direction, the revision is dismissed as withdrawn.

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(Amitav K. Gupta, J.)

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Animesh/-

Hasrath Jahan Aliab Boby And Anr. v. Smt Kamla Choudhary And Anr.

Case brief

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Hasrath Jahan Aliab Boby And Anr. v. Smt Kamla Choudhary And Anr.

Case brief

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What did the court decide?

What the court decided

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