BHOUWA MUNDA Vs. GAURI SHANKAR CHOUDHARY

JUDGEMENT

(1.) THE present petition has been preferred under Article 227 of Constitution of India against the order passed by learned Judicial Commissioner, Ranchi dated 2nd December, 2008 in Title Appeal No. 99 of 2008 whereby the order passed by learned Sub Judge -VI, Ranchi in Miscellaneous Case No. 8 of 2008 dated 31st July, 2008 was confirmed. Miscellaneous Case No. 8 of 2008 is an application preferred by the present petitioners under Order XXI Rule 97 of Code of Civil Procedure (hereinafter referred as C.P.C.) in Execution Case No. 8 of 2005. Thus, vide present petition, both the orders passed by the Courts below one by learned Sub -Judge -VI, Ranchi and another which is passed by learned Judicial Commissioner, Ranchi dated 31st July 2008 as well as 2nd December, 2008 respectively are under challenge.

(2.) HAVING heard learned counsels for both the sides and looking to the facts and circumstances of the case, it appears that: -

(3.) S .A.R. Court or Execution Court will decide the matter independent of the aforesaid observations and on the merit of the case itself. This order is passed only with a view to dispose of the present writ petition. All the issues raised by respondent no. 1 and respondent no. 2 as well as by the petitioners on merits are kept open.