Dismissed¶20

Smt Usha Singh v. Smt Anjali Paswan

Jharkhand HC17 Jan 2025C.M.P./310/2024

Case brief

AI extract

What is this about?

Usha Singh v. Anjali Paswan and others; C.M.P. No. 310 of 2024; High Court of Jharkhand at Ranchi; Justice Sanjay Kumar Dwivedi; Article 227 Constitution of India; Section 47 CPC objection rejected in Execution Case No. 28 of 2023; Misc. Civil Application No. 504/23; decree of Title Suit No. 39 of 2015 found executable; no illegality; no interference; petition and pending I.A. dismissed; decision dated 17.01.2025.

What did the court decide?

There is no illegality in the order of the learned court rejecting the Section 47 CPC objection and no case of interference is made out; accordingly the petition is dismissed. ¶20

Smt Usha Singh Vs Smt Anjali Paswan — Writ and Judicial Review | Jharkhand HC (2025)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI C.M.P. No. 310 of 2024

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Smt. Usha Singh, wife of Sri Phulena Singh, aged about 57 years, resident of Joraphatak Road (Near Punjab Sweets), P.O.-Dhanbad, P.S. Bank More, District-Dhanbad …… Petitioner

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Versus

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Smt. Anjali Paswan wife of late Ajay Paswan

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Amisha Kumari, daughter of late Ajay Paswan

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Abhay Kumar, son of Ajay Kumar,

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Alka Kumari, daughter of late Ajay Paswan, all residents of Nirmal Kunj, Vir Kunwar Singh Colony, P.O. ISM (IIT), P.S. Saraidhela, DistrictDhanbad

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Sri Fulena Singh @ Phulena Singh, S/O-Late Mahadeo Singh, R/OJoraphatak Road (Near Punjab Sweets), P.O-Dhanbad, P.S-Bank More, District-Dhanbad.

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Smt. Richia Singh Richi Singh, W/O- Sri Saurabh Kumar, Presently R/OLig Flat-144D, Block No.36, Sector-99, Noida, P.O & P.S- Noida, DistrictNoida (Uttar Pradesh).

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Aditya Singh, S/O- Phulena Singh, Presently R/O- Flat No. 5100 B/8, 2nd Floor, Paryatan Vihar, Vasundhara Enclave, P.O & P.S- Delhi, DistrictEast Delhi (New Delhi).

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M/S Nirmalanand Construction, Represented by Dr. Ranjan Kumar, S/ON.K.P. Sinha, R/O- Vir Kunwar Singh Colony, P.O & P.S- Saraidhela, District- Dhanbad.

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…… Opp. Parties

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--------CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

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For the Petitioner : Mr. Sanjeev Kumar Sahay, Advocate For the O.P. Nos. 1-4 : Mr. Rishi Pallava, Advocate

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………. 07/Dated: 17/01/2025

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Heard learned counsel for the petitioner and learned counsel

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for the O.P. Nos. 1 to 4.

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This petition has been filed under Article 227 of the Constitution of India for quashing the order dated 02.02.2024 passed in Misc. Civil Application No. 504/23 in Execution Case No. 28 of 2023 whereby objection under section 47 of C.P.C. filed by the petitioner, has been rejected.

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Learned counsel for the petitioner submits that Title Suit No. 39 of 2015 was instituted for declaration of right, title and interest over the eastern side of 15 feet proposed road which was decreed in favour of the plaintiff and for execution of the said decree, execution case was filed in which objection petition

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filed under section 47 of C.P.C by the petitioner, has been rejected. 4. Learned court by a reasoned order has rejected the said petition and the only ground was taken before the learned court that decree is not executable and the learned court has found that decree is executable. There is no illegality in the order of the learned court. No case of interference is made out. Accordingly, this petition is dismissed. Pending I.A, if any, stands dismissed.

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( Sanjay Kumar Dwivedi, J.)

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Satyarthi/

Smt Usha Singh v. Smt Anjali Paswan

Case brief

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Smt Usha Singh v. Smt Anjali Paswan

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