IN THE HIGH COURT OF JHARKHAND AT RANCHI

W. P. (C) No.4784 of 2017

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Deepak Kumar Sinha, son of Kailash Pati Prasad Lal, Resident

of – Rahmat Colony East, Doranda, P.O. and P.S.- Doranda, District-

Ranchi

.... ...... Defendant No.2/judgment-debtor/ Petitioner

Versus

1. Binay Kumar Sinha,

2. Sanjay Kumar Sinha,

3. Bipin Kumar Sinha,

4. Bijay Kumar Sinha,

5. Geeta Devi,

6. Sarita Devi

7. Anita Devi

All sons and daughters of Kamta Prasad; resident of – Argora, Bali

Bageecha, P.O. and P.S.- Argora, District- Ranchi

.... .....

Plaintiff/ Decree Holder/Respondent

8. Smt. Saroj Devi wife of Late Binoy Kumar Sinha

9. Sajal Kumar, son of Binoy Kumar Sinha

10. Komal Kumari, daughter of Binoy Kumar Sinha

11. Nigam Kumar Verma son of Kailash Pati Prasad Lal

12. Rajesh Kumar Sinha son of Kailash Pati Prasad Lal

13. Asha Sinha, wife of Prabhat Kumar Sinha daughter of Kailash

Pati Prasad Lal

Sl No.8 to 13 all sons/ daughters/ grandsons/ granddaughters of

Kailash Pati Prasad Lal; All residents of- Rahmat Colony, East

Doranda, P.O. and P.S.- Doranda, District- Ranchi

14. Pradip Kumar son of Chandeshwar Prasad

15. Anjali Kumari, daughter of Chandeshwar Prasad

16. Archana Kumari, daughter of Chandeshwar Prasad

17. Sujeet Kumar, son of Chandeshwar Prasad

18. Neeraj Kumar, son of Chandeshwar Prasad

Sl. No.13 to 17 all grandsons/ grand-daughters of Kailash Pati

Prasad Lal; all resident of Kumhar Toli, Doranda, P.O. and P.S.-

Doranda, District- Ranchi

.... .....

Performa Defendant/ Performa Respondents

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CORAM

: HON'BLE MR. JUSTICE SHREE CHANDRASHEKHAR

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For the Petitioner

: Mr. Shashank Shekhar, Adv.

For the Respondents

:

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Oral order

06/09.10.2017

Aggrieved of order dated 06.05.2017 in Execution

Case No.08 of 1997, whereby objection filed by the

judgment-debtor/petitioner under Order XXI Rule 23(2) of C.P.C.

has been rejected, the petitioner has approached this Court.

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2.

Briefly stated, Title Suit No.152 of 1990 was instituted by

Kamta Prasad and his wife Radha Devi. In the suit, Kailash Pati

Prasad Lal and his son Dipak Kumar Sinha (present petitioner) were

arrayed as defendant nos.1 & 2. The suit was instituted for a decree

of specific performance of agreements dated 24.08.1981, 01.04.1989

and 21.09.1990. A decree of perpetual injunction against the

defendants restraining them from disturbing their possession was

also sought by the plaintiffs. The suit was dismissed on contest vide

judgment and order dated 19.04.1993 and the decree was sealed and

signed on 29.04.1993, against which the plaintiffs preferred Title

Appeal No.68 of 1993. This appeal was allowed on 06.12.1996 and

consequently, Title Suit No.152 of 1990 stood decreed in respect to

agreement to sale dated 01.04.1989 and 21.09.1990. This order was

taken in appeal being Second Appeal No.11 of 1997(R). The

following substantial questions of law were formulated by the court;

“(1) Whether on the prayers being made in suit of

the plaintiffs, there was any scope of the 1^st

Appellate Court to pass a decree for specific

performance of the agreement dated 1.4.1989 as

there were subsequent events?

(2) Whether even if taking for granted that Ext.3

dated 21.9.1990 was arrived at, when there was no

subsisting interest of the defendant no.1 over the

suit property then also whether the plaintiff can get

equitable relief on Ext.8 on the existence of Ext.3

dated 21.9.1990?”

3.

Finally, by an order dated 17.09.2004, the second appeal

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stood dismissed on contest with cost. Special Leave Petition bearing

S.L.P.(C) No.1374 of 2005, which was preferred by the legal heirs of

defendant no.1 against the final order in second appeal, was

dismissed on 31.01.2005. The plaintiffs instituted Execution Case

No.8 of 1997, in which the defendants/ judgment-debtors filed their

objection under section 47 C.P.C., raising