Jharkhand High Court
Union Of India Ministry Of Def vs Bajrang Lal Berlia & Anr. on 4 July, 2011
Author: Prashant Kumar
Bench: Prashant Kumar
IN THE HIGH COURT OF JHARKHAND AT RANCHI
F.A. No. 03 of 2005
With
F.A. No. 04 of 2005, F.A. No. 05 of 2005, F.A. No. 06 of 2005,
F.A. No. 07 of 2005, F.A. No. 08 of 2005, F.A. No. 09 of 2005,
F.A. No. 10 of 2005, F.A. No. 11 of 2005, F.A. No. 12 of 2005,
F.A. No. 13 of 2005, F.A. No. 939 of 2006 & F.A. No. 940 of 2006
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Union of India, Ministry of Defence through
Defence Estates Officer ...... Appellant
Versus
Sita Ram and Anr. .... ... Respondents
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CORAM: HON'BLE MR. JUSTICE PRASHANT KUMAR
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For the Appellants : Mrs. Shubha Jha, Advocate
For the Respondents :
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39 /04.07.2011These appeals will be heard.
Lower court records have already received. Respondents already appeared in F.A. No. 03 of 2005, F.A. No. 04 of 2005, F.A. No. 05 of 2005, F.A. No. 06 of 2005, F.A. No. 07 of 2005, F.A. No. 08 of 2005, F.A. No. 09 of 2005, F.A. No. 10 of 2005, F.A. No. 11 of 2005, F.A. No. 12 of 2005, F.A. No. 13 of 2005 and F.A. No. 939 of 2006, hence no notice required to be issued in these appeals. However, respondent not appeared in F.A. No.940 of 2006. Thus, issue notice on respondents in F.A. No.940 of 2006, for which requisites etc. under registered cover with A/D as well as by ordinary process must be filed within one week, failing which this application shall stand rejected without further reference to a Bench.
It is submitted that an execution case has already been filed in the court below, but court below is not proceeding with the execution case, because of the pendency of these appeals. It is made clear that there is no stay of execution proceeding in these appeals.
Under the said circumstance, the executing court (Land Acquisition Judge, Hazaribagh) is directed to proceed with the execution case and pass order for realization of the money in accordance with law.
(Prashant kumar, J) R.K.