JUDGMENT :

Sujit Narayan Prasad, J.

Prayer

1. The petitioners has filed the instant miscellaneous petition under Article 227 of the Constitution of India challenging the order 10.08.2022 passed by the learned Civil Judge (Sr. Div.)-VI, Palamau at Daltonganj in Execution Case No.14 of 2008, whereby and whereunder the petition filed on behalf of the Judgment Debtor (petitioners herein) was rejected wherein a plea was taken that against the decretal amount of Rs.5,63,692/-, a cheque of Rs.4,81,519/- has been deposited in the Court and the remaining amount of Rs.82,173/- being under the sales tax, income-tax and royalty head payable by the contractor has been deducted, hence the payment may be considered to be paid in full to the satisfaction of decree and warrant of attachment may be recalled.

Facts

2. The brief facts of the case as per the pleadings made are as under.

3. The plaintiff to the suit filed a Money Suit for holding him entitled for an amount of the work executed by him. The decree finally was passed by the competent court holding the plaintiff entitled for a decretal amount of Rs.5,63,692/-. The decree having not been executed, in consequence thereof, Execution Case has been fi