The High Court dismissed the withdrawn CMP petition. However, acting on the exclusion of execution of an Apex Court-affirmed decree, the Court directed the Executing Court to execute the decree forthwith.
Direction to the Executing Court to execute the affirmed decree forthwith.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI C.M.P. No. 706 of 2023
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Anita Devi @ Anita Kumari, aged about 37 years, Wife of Rajib Sah and Daughter of Meghnath Yadav, resident of village-Palbagan, P.O. & P.S. –Mihijam, District-Jamtara, Jharkhand. Petitioner
Versus
Paspati Devi, Wife of Late Mulchand Sah, resident of village-Palbagan, P.O. & P.S. – Mihijam, District: Jamtara, Jharkhand ... Respondent -------
CORAM: HON’BLE MR. JUSTICE SUJIT NARAYAN PRASAD
------For the Petitioner : Mr. Bhawesh Kumar, Advocate Mr. Rahul Kumar Kamlesh, Advocate For the Respondent : ..
------ Order No. 05 / Dated: 18th September, 2023
1. After some argument, learned counsel for the petitioner seeks leave of this Court to withdraw the petition.
2. Accordingly, the instant petition is dismissed as withdrawn
3. However, on the query made by this Court, it has been informed by learned counsel for the petitioner that the decree passed by the Original Court has been affirmed upto Hon’ble Apex Court.
4. This Court is failed to under as to why, as yet, the decree has not been executed even though Hon’ble Apex Court in the case of Rahul S. Shah Vs. Jinendra Kumar
Gandhi & Ors [(2021) 6 SCC 418] has formulated guidelines.
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5. This Court in view thereof, directs the Executing Court to execute the decree forthwith.
6. With the aforesaid direction, the instant petition stands
(Sujit Narayan Prasad, J.)
Alankar/-
1 issue framed by the court
Whether the executing court is directed to enforce the decree affirmed by the Hon'ble Apex Court.
Colour shows how this judgement treated each authority
Rahul S. Shah & Ors. vs. Jinendra Kumar Gandhi & Ors.Followed¶13
Rahul S. Shah Vs. Jinendra Kumar Gandhi & Ors [(2021) 6 SCC 418] · Who else cites this
1 provisions across 1 enactments
Anita Devi @ Anita Kumari
Paspati Devi
Sujit Narayan Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
