STATE OF JHARKHAND & ORS Vs. PRASAD CONSTRUCTION

JUDGEMENT

(1.) The learned counsel for the petitioner states that although defects pointed out by the office have been removed.

(2.) The petitioner-State of Jharkhand moved this writ petition under Articles 226 and 227 of the Constitution of India inter alia praying for quashing the order dated 29.5.2013(Annexure-5)passed by the Sub-Judge 1 Giridih in Execution case no. 8 of 2008 whereby the executing court has passed an order of auction sale of the attached property of the petitioner without considering that the matter has not been finally adjudicated and is Subjudice before this Court as ,according to the learned counsel for the petitioner, permission has been granted by this court for listing of CMP which is filed for restoration.

(3.) The learned counsel for the petitioner pointed out that the order passed by the Sub judge-1 is without jurisdiction and there are material questions of law involved in this case which requires consideration In view of the facts and circumstances as stated in the petition as also in view of the submission made by the learned counsel for the petitioner let urgent show cause notice be issued to respondent under registered cover with A/D as well as by ordinary process for which requisite etc. must be filed within one week.