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2020 Supreme(Jhk) 574

RAJESH SHANKAR
Balram Oraon – Appellant
Versus
Nanka Oraon – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Arun Kumar, Advocate

JUDGMENT :

The present writ petition is taken up today through Video conferencing.

The present writ petition has been filed challenging the order dated 04.01.2019 passed by the Civil Judge (Sr. Division)-I, Gumla in Execution Case No. 01 of 2014, whereby a petition filed on behalf of the decree holders/respondents for vacating the order dated 17.06.2017 granting stay has been allowed by the said executing court with direction to the Nazir to execute the writ as issued earlier.

2. The factual background of the case as stated in the writ petition is that the father-in-law of the respondent no. 1/father of the respondent no. 2 namely, Budhua Oraon filed a suit for partition being Partition Suit No. 15 of 1989 against his younger brother Charwa Oraon (father of the petitioner) and the said suit was decreed in favour of the deceased plaintiff vide judgment dated 27.07.1991 and the preliminary decree was prepared on 03.08.1991. After the death of the original plaintiff, the respondent nos. 1 and 2 were substituted as heirs of the decree- holder. The son of the deceased defendant namely, Balram Oraon (the petitioner herein) filed Title Suit No. 14 of 2004 before the court below for declarati

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