SITARAM CHAUHAN Vs. MOTESHWARI DEVI

JUDGEMENT

(1.) Instant petition has been filed for quashing the order dtd. 23/4/2022 passed by Additional Judicial Commissioner-XXI, Ranchi in Misc. Civil Application No.18 of 2022 whereby and whereunder the petition filed under Order XLI Rule 5 of the C.P.C. for stay of Execution Case No.288 of 2017, was rejected.

(2.) Petitioner is plaintiff under Partition Suit No.42 of 2010 filed for preliminary decree declaring 1/7th share in the suit property. In this suit, mother and brothers have been impleaded as defendants.

(3.) Defendant No.1, who happens to be the mother, executed registered sale deed with respect to the suit property in favour of defendant No.2 during the pendency of the suit claiming it to be her own Stridhan.