MD. IMRAN Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The present writ petition has been filed for quashing the order as contained in memo No. 1088 dtd. 25/11/2020 passed by the respondent No.3 whereby while deputing the respondent No.4 as magistrate, the respondent No.5 has been directed to get the petitioner and others vacated from the house situated over the land appertaining to Khata No. 01, Plot No. 944, Mouza-Kapali, Thana No. 332, District-Seraikella-Kharswan, measuring an area of 0.02475 Decimal in terms with the judgment dtd. 29/2/2020 and decree dtd. 16/3/2020 passed by the Civil Judge (Jr. Div.) at Seraikella in Title Suit No. 52/2012. By way of amendment in the present writ petition, the petitioner has also prayed for quashing the order as contained in memo No. 1160 dtd. 10/12/2020 passed by the respondent No.3.

(2.) Heard learned counsel for the parties and perused the relevant materials available on record. The respondent No.6 filed Title Suit No. 52/2012 in the Court of the Civil Judge (Jr. Div.) at Seraikella seeking declaration of her right and title over the said land as well as for eviction of the petitioner and others from the said land and to hand over possession of the same in her favour. The said suit was allowed vide judgment dtd. 29/2/2020 declaring title of the said land in favour of the respondent No.6 and directing the petitioner and others to hand over the possession of the same in her favour within 60 days, failing which liberty was given to her to take appropriate action in accordance with law. Accordingly, the decree was prepared on 16/3/2020.

(3.) The limited issue raised in the present writ petition is that at the request of the respondent No.6, the respondent No.3 should not have proceeded to direct the petitioner and others to vacate the house and the land in question by passing the impugned orders. Moreover, the respondent No.6 should have taken steps for execution of the judgment and decree passed in the said suit in accordance with law. The petitioner and others have already preferred appeal being Civil Appeal No. 40/2020 in the Court of learned Principal District Judge, Seraikella-Kharswan against judgment dtd. 29/2/2020 and decree dtd. 16/3/2020 passed in Title Suit No. 52/2012 which is still pending. On the other hand, it has been stated by the respondent No.6 in her counter affidavit that Execution Case No. 01/2021 has been filed for execution of judgment dtd. 29/2/2020 and decree dtd. 16/3/2020 passed in Title Suit No. 52/2012, which is presently pending in the Court of the Civil Judge (Jr. Div.)-I at Seraikella.