Dismissed

Supriya Saha Alias Supriya Sah v. State of Jharkhand

Jharkhand HC9 Nov 2022C.M.P./181/2021

Case brief

AI extract

What is this about?

This writ petition under Article 227 sought quashing of an order dismissing a request to implead the State in an execution case regarding _gairabad_ land. The High Court held the petition was a dilatory tactic lacking merit and dismissed it, directing early conclusion of proceedings.

What did the court decide?

The civil miscellaneous petition seeking quashing of the lower court order is dismissed and the impugned order is upheld.

Supriya Saha Alias Supriya Sah Vs State of Jharkhand — Landlord and Tenant | Jharkhand HC (2022)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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C. M. P. No. 181 of 2021

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Supriya Saha @ Supriya Sah

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Namita Shah … …. Petitioners

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Versus

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State of Jharkhand

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Smt. Nirmla Chawda

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… …. Opp. Parties

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CORAM: HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY

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----For the Petitioners : M/s Vikash Kumar & Suraj Singh, Advocates For the State : Ms. Shivani Kapoor, AC to SC-II

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Oral Order

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04 / Dated : 09.11.2022

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The instant civil misc. petition has been filed under Article 227 of the Constitution of India for quashing the order dated 19.03.2021 passed by the Civil Judge, Junior Division-I, Dhanbad in Misc. Civil Application No. 67 of 2021 (Execution Case No. 11 of 2013) whereby and whereunder, the petition filed by the petitioners under Order 1 Rule 10 read with Section 151 of C.P.C. for impleading the state of Jharkhand as a party in the execution case has been dismissed.

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Learned counsel for the petitioners submits that opposite party no. 1 obtained a decree in Eviction Suit No. 43 of 2007 for which Execution Case No. 11 of 2013 has been filed which is pending before the learned Court below.

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While the proceeding of the execution case was going on, opposite party no. 1 by suppressing various vital facts obtained a writ of delivery of possession in the said title eviction suit. Opposite party no. 1 tried to dispossess the petitioners who have been claiming independent right, title and interest over the property situated in Plot No. 3389 at Bank More. The land belongs to the Government being gairabad land. Government was the true owner of the land and therefore the petition has been filed for impleading the State.

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Learned counsel for the opposite parties has submitted that the impugned petition filed by the petitioners under Order 1 Rule 10 of C.P.C. is not maintainable under the law. The said petition has been filed to delay the delivery of possession. There is no provision under CPC for impleading 3^rd party under Order 1 Rule 10, the present petitions has been filed only to delay the disposal of the execution case.

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The learned court below has passed a detailed order giving specific reasons while dismissing the petition for impleadment. M.C.A. 198/2020 under Order 21 Rule 99 r/w Section 152 of C.P.C. arises out of Execution Case No.11/2013.

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The petitioner has taken contradictory and inconsistent plea of having right title and ownership and at the same time that the suit property was owned by the Government. Execution proceedings are self-contained and there is no provision for impleading parties at this stage. This petition is nothing but a dilatory tactics to delay the disposal of the execution case. There is no merit in the instant petition and is accordingly dismissed.

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The learned Executing Court is directed to conclude the execution proceeding within three months.

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AKT

Supriya Saha Alias Supriya Sah v. State of Jharkhand

Case brief

What is this about?

What did the court decide?

Supriya Saha Alias Supriya Sah v. State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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