BAIDYANATH THAKUR Vs. SITARAM AGRAWAL

JUDGEMENT

(1.) The instant CMP has been filed to set aside the order dtd. 13/7/2022 (Annexure-7) passed by the learned Court of District Judge-IV, Jamshedpur in Civil Appeal No.103 of 2020 whereby and whereunder the two petitions filed by the petitioners under Order XLI Rule 27 CPC have been rejected.

(2.) The Opp. Party/ plaintiff filed the suit for a decree for a sum of Rs.12.00 Lacs and in case the decretal dues were not paid, then to attach property mentioned in the schedule of the plaint.

(3.) It is submitted that the suit of the plaintiff was decreed vide judgment dtd. 15/9/2016 passed by learned Civil Judge, Sr. Division -VI, Jamshedpur in Title (Mortgage) Suit No.35 of 2005. However, the petitioners /defendants being aggrieved, preferred F.A. No.220 of 2016 before this Court which was transferred to the learned court below which was re-numbered as Civil Appeal No.103 of 2020.