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Munni Devi Vs Pratibha Singh — Execution and Attachment | Jharkhand HC (2022)

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Jharkhand HC
2022
Munni Devi Vs Pratibha SinghMunni Devi v. Pratibha Singh

Partly allowed

Munni Devi v. Pratibha Singh

Jharkhand HC21 Nov 2022C.M.P./190/2022

Case brief

AI extract

What is this about?

This civil miscellaneous petition sought quashing of a lower court order that vacated a stay under Order 41 Rule 5 C.P.C. The High Court directed expeditious disposal of the pending civil appeal and restored the stay for three months due to evasion of service by the opposite parties.

What did the court decide?

Directed disposal of appeal within three months and restoration of stay under Order 41 Rule 5 C.P.C. for three months.

What the court decided

AI extract

Outcome

Directed disposal of appeal within three months and restoration of stay under Order 41 Rule 5 C.P.C. for three months.

Issue for consideration

Whether the stay on the impugned order under Order 41 Rule 5 C.P.C. should be restored given evasion of service. +1 more

Detailed headnote1 paragraphs

The Court granted prayers for expeditious disposal of the underlying civil appeal and restored the earlier stay granted under Order 41 Rule 5 C.P.C. for a period of three months, owing to the deliberate evasion of service of process by the opposite parties.

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.

A

IN THE HIGH COURT OF JHARKHAND AT RANCHI

C. M. P. No. 190 of 2022

Munni Devi

… …. Petitioner

Versus

Pratibha Singh

Mamta Singh

3A. Puspa Devi

3B. Shailendra Singh Bhadauria

3C. Rekha Singh

3D. Monika

3E. Sonika

3F. Sweetee

Anita Singh

Birendra Pratap Singh

Ratan Kumar Singh

Manju Devi

Nita Singh

… …. Opp. Parties

CORAM: HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY

For the Petitioner : Mr. Rajesh Kumar, Advocate For the Opp. Parties :

Oral Order 05 / Dated : 21.11.2022

The instant civil misc. petition has been filed for quashing of the order dated 15.03.2021 passed by the Principal District Judge, Pakur in Civil Appeal No. 17 of 2019 whereby and whereunder, the stay earlier granted under Order 41 Rule 5 of C.P.C. was vacated.

While hearing the instant petition, learned counsel for the petitioner confines his prayer for expeditious disposal of the civil appeal pending before the Court below which is arising out of Title Suit No. 05 of 2006.

Considering the prayer, learned Court below is directed to dispose of the Civil Appeal No. 17 of 2019 within three months from today.

In view of the submission that the opposite parties are deliberately evading service of process although they had appeared before the Appellate court as well as before the Trial court, operation of stay earlier granted vide order dated 31.07.2020 under Order 41 R 5 is restored for three months during the pendency of appeal.

This civil misc. petition stands disposed of.

(Gautam Kumar Choudhary, J . )

AKT

Issues for consideration

2 issues framed by the court

AI extract

1.
Whether the stay on the impugned order under Order 41 Rule 5 C.P.C. should be restored given evasion of service.
2.
Whether the civil appeal pending below should be disposed of expeditiously.

Statutes considered

1 provisions across 1 enactments

AI extract

Order 41Rule 5

Parties & counsel

AI extract

petitioner
Munni Devi
respondent
1. Pratibha Singh
respondent
2. Mamta Singh
respondent
3A. Puspa Devi
respondent
3B. Shailendra Singh Bhadauria
respondent
3C. Rekha Singh

Coram

AI extract

GAUTAM KUMAR CHOUDHARY

Case details

As recorded by the court registry

Court: Jharkhand HC
Decided on: 21 Nov 2022 · November
Registered: 4 May 2022
Case no.: C.M.P./190/2022
CNR: JHHC010149372022
Topic: Execution and Attachment
Bench: Sri Gautam Kumar Choudhary
Disposal: Disposed Off

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Cite this judgement

Munni Devi v. Pratibha Singh, C.M.P./190/2022 (JH), decided on 21 November 2022.

The High Court of Jharkhand publishes no neutral citation for this judgement — cite it by case number and date of decision.

Statutes1

Order 41Rule 5

View all statutes

Bench / Coram

GAUTAM KUMAR CHOUDHARY

Parties & counsel