High CourtsSingle Bench

Sunita Routray vs Nirmalendu Chatterjee and Another

Jharkhand High Court · Decided on 30 March 2011 · Citation: (2011) 03 JH CK 0201

HON’BLE JUDGES
Dhirubhai Naranbhai Patel, J
CASE NUMBER
Writ Petition (C) No. 1396 of 2011
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Judgment

3 paragraphs · 183 words

D.N. Patel, J.—Learned Counsel appearing for the Petitioner is not pressing this writ petition, but, it is fairly submitted that after succeeding in Title Suit No. 22 of 2006, an execution case was also preferred as the suit was for specific performance. By the order of the court, sale deed has been executed on 5th July, 2007 and after the sale deed is executed, the original Defendants have preferred Miscellaneous Case No. 9 of 2008 for setting aside the exparte decree dated 14th August, 2006 and, therefore, let a suitable direction be given to dispose of the Miscellaneous Case No. 9 of 2008, within stipulated time.

2.

In view of the aforesaid submission and looking to the long drawn litigation between the parties, I hereby direct the Sub Judge, Hazaribagh to hear and finally dispose of the Miscellaneous Case No. 9 of 2008, as expeditiously as possible and practicable, preferably within a period of four months from the date of receipt of a copy of this order.

3.

The writ petition is, accordingly, disposed of, in view of the aforesaid direction and observation.