DURGA DEVELOPERS PVT. LTD Vs. SUNIL KUMAR TIWARY

JUDGEMENT

(1.) THE present petition has been preferred by the objector in Execution Case No. 19 of 1992, mainly for the reasons that the present petitioner has preferred an application under Order XXI Rule 97 of the Code of Civil Procedure before the Executing Court, which has been registered as Misc. Case No. 4 of 2008, and during pendency of this application before the Executing Court, execution proceedings may not be completed between the original plaintiffs and original defendant and, therefore, the present petition has been preferred.

(2.) HAVING heard learned Counsel for both the sides and looking to the facts and circumstances of the case, it appears that originally respondent Nos. 1 and 2 had instituted Title Suit No. 342 of 1986 before the concerned trial court and the same was decreed somewhere in the year, 1992. Thereafter, Execution Case No. 19 of 1992 was instituted by the original plaintiffs/decree -holders before the Executing Court.

(3.) ONE more claim has now been orally registered before this Court by respondent No. 4, the State of Jharkhand, that it has already acquired part of the suit property under the Land Acquisition Act and it is also going to institute similar type of case under Order XXI Rule 97 and 99 of the Code of Civil Procedure in the pending Execution Case No. 19 of 1992.