The petitioner sought directions regarding an execution case for a Permanent Lok Adalat award. The court dismissed the writ petition as the execution proceedings were already pending, directing the civil court to proceed without delay due to the deceased debtor.
Writ petition disposed of; Court directed execution proceedings to proceed without delay.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(C) No.1288 of 2019
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Tara Devi (Age 43 years) w/o Late Doman Sahu, R/o- Vill. Silaphari, PO + PS—Gumla, Dist.- Gumla (Jharkhand).
…… Petitioner
Versus
…… Respondents
CORAM: HON’BLE MR. JUSTICE SUJIT NARAYAN PRASAD
For the Petitioner : Ms. Sunita Kumari, Advocate For the Respondents :
05 / Dated 10th July, 2019
This writ petition is under Article 226 of the Constitution of India whereby and whereunder direction has been sought for upon the respondent on the basis of the award passed in P.L. Case No.44/07 by the court of Permanent Lok Adalat, Gumla.
Ms. Sunita Kumari, learned counsel appearing for the petitioner, has submitted that the execution case being Execution Case No.06 of 2019 has been filed before the Civil Judge (Sr. Div.) Gumla, for execution of the said award, therefore on instruction she does not want to press this writ petition.
However, the money pertains to the deceased who has succumbed by making an accident, therefore, the court concerned is directed to proceed with the execution case without unnecessary delay.
In view thereof, this writ petition is accordingly, disposed of.
(Sujit Narayan Prasad, J.)
Madhav
1 issue framed by the court
Whether the writ court should exercise jurisdiction under Article 226 when an execution petition is pending.
Tara Devi
National Insurance Co. Ltd.
Kumar Bindu Roshan
Ritu Raj Gulson
Sujit Narayan Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
