OM PRAKASH DUBEY Vs. TATA IRON & STEEL COMPANY LIMITED
LAWS(JHAR)-2019-9-3
HIGH COURT OF JHARKHAND
Decided on September 13,2019

OM PRAKASH DUBEY Appellant
VERSUS
TATA IRON AND STEEL COMPANY LIMITED Respondents

JUDGEMENT

- (1.) I.A. No. 8734 of 2019 08/13.09.2019 The learned counsel for the petitioner submits that the instant writ petition being W.P.(C) No. 476 of 2013 was filed by the petitioner for quashing the judgment dated 02.02.2012 passed by the learned District Judge-II, Jamshedpur in Misc. Appeal No. 34 of 2007, whereby the learned judge upheld the order dated 15.09.2007 passed by Munsif, Jamshedpur in Misc. Case No. 7 of 2007 without considering the question of facts and law involved in that case and without taking into consideration the question of possession of the petitioner over the house in question which required the determination and adjudication of the right, title, interest and adverse possession of the petitioner and to remit the matter to the District Judge-II to decide the aforesaid appeal on merit which was dismissed on the question of maintainability. On perusal of the record, it appears that a Bench of this Court vide order dated 05.04.2013 stayed the further proceedings in pursuant to Execution Case No. 03 of 1990 pending in the Court of Civil Judge (Jr. Div.-I), Jamshedpur, till 12.04.2013. Further, vide orders dated 22.04.2013 and 29.04.2013, the interim order was again extended till the next date. Thereafter, vide order dated 06.05.2013, ad-interim order granted on 05.04.2013 was extended till the next date.
(2.) The learned counsel for the petitioner, however, submits that the executing court vide order dated 12.07.2019 passed in Execution Case No. 03 of 2019 has directed the office to re-issue the delivery of possession. It is also submitted that the petitioner being aggrieved with the order dated 12.07.2019 passed in Execution Case No. 03 of 2019 has filed a separate writ petition being W.P.(C) No. 3918 of 2019 with a prayer to quash the order dated 12.07.2019 passed in Execution Case No. 03 of 2019. Having heard the learned counsel for the petitioner and the respondent no. 1, I am not inclined to further extend the effect of interim order dated 06.05.2013. I.A. No. 8734 of 2019 is accordingly dismissed.
(3.) I.A. No. 1045 of 2014 The present interlocutory application was filed on behalf of the respondent no. 1 for vacating the interim order of stay dated 05.04.2013 or to hear the writ petition on some early date. In view of the order passed In I.A. No. 8734 of 2019, no order is required to be passed in the present interlocutory application and the same is accordingly disposed of.;


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