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2021 Supreme(Jhk) 605

SUJIT NARAYAN PRASAD
Jawahar Prasad Sao, son of Prakash Sao – Appellant
Versus
Narayan Mishra, son of late Govind Mishra – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Rohitasya Roy
For the Respondent: Rahul Kumar Gupta, Jitendra Nath Upadhyay

JUDGMENT :

Sujit Narayan Prasad, J.

With the consent of the parties, hearing of the matter has been done through video conferencing and there is no complaint whatsoever regarding audio and visual quality.

2. The instant petition is under Article 227 of the Constitution of India for quashing of the order dated 23.11.2012 passed by the learned Civil Judge (Junior Division), Chaibasa in Miscellaneous Case No. 07/2012 arising out of Execution Case No. 03/2012 by which a petition filed under Section 47 of the Code of Civil Procedure by the judgment debtor for dismissal of the execution case on the ground that the decree passed on compromised is non-executable, has been rejected.

3. The brief facts of the case as per the pleading made in the writ petition read hereunder as –

A suit for eviction has been filed on the ground of Section 11(c) and (d) of the Jharkhand Building (Lease, Rent & Eviction) Control Act, 2000 (hereinafter to be referred to as the Act, 2000) for seeking a decree of eviction against defendant, Jawahar Prasad Sao from the suit premises which is a house situated at Holding No. 1040, Chaibasa Town Khas Mahal Pplot No. 339 and 340 corresponding to New Survey Settlement Plot N

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