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2025 Supreme(Online)(JHK) 6

HIGH COURT OF JHARKHAND
MR. JUSTICE SANJAY KUMAR DWIVEDI, J
OM PRAKASH CHABRA – Appellant
Versus
SRI BIJAY KUMAR SARAWGI – Respondent


Advocates:
Mr. Amit Kumar Das, Mr. Shashank Shekhar, Mr. Karbir

JUDGMENT :

SANJAY KUMAR DWIVEDI, J.

It has been pointed out that so far as Opposite Party No.2 is concerned he is performa-Opposite Party.

2. Heard Mr. Amit Kumar Das, the learned counsel appearing on behalf of the petitioner as well as Mr. Shashank Shekhar, the learned counsel appearing on behalf of the Opposite Party No.1.

3. This petition has been filed under Article 227 of the Constitution of India for setting aside the order dated 23.07.2024 passed by learned Additional Civil Judge, Jr. Division, Ranchi in Execution Case No.04 of 2020 whereby the objection filed by the petitioner under Section 47 of the CPC has been rejected.

4. Mr. Amit Kumar Das, the learned counsel appearing on behalf of the petitioner submits that the Opposite Party no.1 had initially instituted a civil suit for eviction of the petitioner being Eviction (Title) Suit No.52 of 2016 and by the judgment dated 23.04.2014 passed by learned Additional Munsif-II, Ranchi, the said suit was decreed in favour of the O.P.No.1. He further submits that aggrieved with the said judgment, the petitioner has moved in Civil Revision No.16 of 2014 in which the trial court records were called for on 30.11.2018 and the said civil

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