Rubi Jha v. Gulab Singh
Case brief
What is this about?
C.M.P. filed to quash an execution order pending appeal on ground of delay in remitting appeal records. Held not maintainable; applicant to approach appellate court for stay.
What the court decided
A compact analysis
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.
1
IN THE HIGH COURT OF JHARKHAND AT RANCHI
C.M.P. No. 56 of 2020
- Rubi Jha
- Anand Mishra
- Vidya Mishra ... … Petitioners
Versus
Gulab Singh … … Opposite Party
CORAM: HON'BLE MR. JUSTICE RAJESH SHANKAR
----- For the Petitioners : Mr. Chanchal Jain, Advocate For the Opposite Party : -----
Order No. 04 Dated: 25.02.2020
The present C.M.P. has been filed for quashing the order dated 07.01.2020 (Annexure-7 to the present petition) passed by the court of Civil Judge (Sr. Division)-C.J.M., Jamshedpur in Execution Case No. 04/2019, whereby the decree holder has been directed to take further step in the matter ignoring the fact that vide order dated 26.06.2019, the records of First Appeal No. 07/2019 has recently been remitted by this Court to the District Court, Jamshedpur. The petitioner has also prayed for staying further proceeding of Execution Case No. 04/2019 pending in the court of Civil Judge (Sr. Division)C.J.M., Jamshedpur.
Issues for consideration
1 issue framed by the court
Whether a C.M.P. to quash an order passed in an execution case on the ground that the appeal records were yet to be remitted is maintainable when the appellate court's order on stay has not been sough
Parties & counsel
- petitioner
Rubi Jha
- petitioner
Anand Mishra
- petitioner
Vidya Mishra
- respondent
Gulab Singh
Coram
Case details
As recorded by the court registry
- Court
- Jharkhand HC
- Decided on
- · February
- Registered
- Case no.
- C.M.P./56/2020
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