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2025 Supreme(Jhk) 859

IN THE HIGH COURT OF JHARKHAND, RANCHI
MR. JUSTICE SANJAY KUMAR DWIVEDI, J
Binita Devi, daughter of Kalu Baraik and wife of Krishna Baraik – Appellant
Versus
Bina Mahli, wife of Shri Ganesh Mahli – Respondent


Advocates Appeared:
For the Petitioner:Mr. Kundan Kr. Ambastha, Advocate
For the Respondents:Mr. Vishal Kr. Tiwary, Advocate, Mr. Manjeet Kumar Chaudhary, Advocate, Mr. Aditya Kumar, Advocate

JUDGMENT :

SANJAY KUMAR DWIVEDI, J.

Heard learned counsel appearing for the petitioner, learned counsel appearing for the opposite party No.1 and learned counsel appearing for the opposite party No.3, who is State.

2. It has been pointed out that the opposite party No.2 is a proforma opposite party.

3. This petition has been filed under Article 227 of the Constitution of India for quashing of the order dated 10.10.2023 passed by learned Judicial Magistrate-XIX in Original Suit No.1500 of 2019.

4. Mr. Kundan Kr. Ambastha, learned counsel appearing for the petitioner submits that the petitioner is the defendant in the suit being Original Suit No.152 of 2018/New Filing No.1500 of 2019 which was instituted by the plaintiff for a decree of specific performance of agreement dated 09.11.2010 executed by defendant in favour of the plaintiff with respect to the suit land and defendant is directed to execute and get registered deed of sale in favour of the plaintiff after receiving of Rs.1,60,000/- only within time to be fixed by the Court and the prayer is made for direction to execute the sale deed. He submits that the said suit was instituted in 2019 and summon was received by the defendant on

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