SATYADEO PRASAD Vs. BIMLENDRA KUMAR SINGH

JUDGEMENT

(1.) Heard Mr. Navin Kumar, learned counsel for the petitioner, Mr. Amartya Choudhary, learned counsel appearing for opposite party nos. 1 to 3 and Mr. Shashank Kumar, learned counsel appearing for opposite party no.4(iii).

(2.) So far other opposite parties are concerned, notices upon them have already been effected, however, they have chosen not to appear in the matter and, as such, this petition is being heard in absence of opposite parties, who have not appeared in spite of valid service of notice.

(3.) This petition has been filed under Article 227 of the Constitution of India for setting aside the order dtd. 20/3/2023 passed in Execution Case No.367 of 2018 by the learned Civil Judge (Sr. Division)-IV, Dhanbad, whereby, he has been pleased to allow the petition dtd. 17/2/2023 filed by the decree holders/plaintiffs under Order XXI Rule 32(5) read with Rule 35 of the CPC.