In this civil revision against an order rejecting an objection filed under Section 47 CPC, the court held that the petition stands dismissed as the delivery of possession to the decree holder has rendered the revision infructuous.
The civil revision is dismissed as infructuous due to the delivery of possession to the decree holder.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JHARKHAND AT RANCHI
C.R. No.59 of 2015
petitioner nos.2 and 3 are son of Late Arjun Prasad Gupta and petitioner nos.4 and 5 are daughters of Late Arjun Prasad Gupta All residents of Garhkoncha @ Nunudih, P.O. & P.S. Jorapokhar, District-Dhanbad …… Petitioners
Versus
Smt. Girija Devi, wife of Raja Prasad, resident of BCCL New Colony, Digwadih, P.O.& P.S. Jorapokhar, District-Dhanbad …… Opp. Party
CORAM: HON’BLE MR. JUSTICE AMITAV K. GUPTA
--------For the Petitioners : Mr. Pratik Sen, Advocate For the Opp. Party : Mr. R.K. Ojha, Advocate
08 / Dated : 11th May, 2018
This civil revision has been preferred against the order dated 23.06.2015 passed by the learned Civil Judge (Junior Division)-I, Dhanbad in Execution Case No.667 of 2014 whereby the objection filed under Section 47 of the Code of Civil Procedure of the petitioner was rejected.
2. Learned counsel for the opposite party has submitted that the decree has been executed and delivery of possession of the suit property has been handed over to the decree holder on 07.07.2017. 3. Heard. The status report as called for is on record. Since the delivery of possession has been handed over to the decree holder, the present revision has become infructuous. Accordingly it stands dismissed.
(Amitav K. Gupta, J.)
NKC
1 issue framed by the court
Whether the civil revision is maintainable in view of the delivery of possession of the suit property to the decree holder.
1 provisions across 1 enactments
Kunti Devi, wife of Late Arjun Prasad Gupta
Pappu Prasad Gupta
Shiv Kumar Gupta
Anita Devi
Purnima Devi
Smt. Girija Devi, wife of Raja Prasad
Amitav K. Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
