Judgment:
IN THE HIGH COURT OF JHARKHAND RANCHI W.P.(C) No. 7307 of 2012 Smt. Ranjana Gupta ... ... ... Petitioner Versus 1. Sri Ashok Kumar Poddar 2. Sri Pawan Kumar Poddar 3. M.s Bharat Petroleum Corporation Limited, Ranchi ...... ... ... ... Respondents CORAM: THE HONBLE MR. JUSTICE PRASHANT KUMAR ............ For the Petitioner : Mr. Delip Jerath For the Respondents(1,2) : Mr. Atanu Banerjee For the respondent No. 3 Mr. Mrinal Kanti Roy 12/23.08.2013 This application has been filed for quashing the Execution Case No. 07 of 1995, pending in the court of learned Sub Judge-II, Lohardaga. It appears that respondent No. 1 & 2 had filed eviction suit vide Eviction Suit No. 02 of 1985 against respondent No.
3. Said eviction suit has been decreed. Thereafter aforesaid decree affirmed up to this Court and become final. Thereafter respondent Nos. 1 & 2 had filed application for execution of the said decree before Sub Judge-II, Lohardaga, which was registered as Execution Case No. 07 of 1995. It further appears that petitioner filed an application under Order 21 Rule 97 and 99 read with 151 of the Code of Civil Procedure in the aforesaid execution case. The application of the petitioner has been dismissed vide order dated 18.01.2007. Said order has not been challenged by petitioner up till now. In my view, petitioner ought to have file an appeal against the aforesaid order instead of filing this writ application. Under the said circumstance, I am not inclined to entertain this writ application. Sri Jerath submits that he want to withdraw this application with liberty to file an appeal. With the aforesaid liberty, this application is permitted to be withdrawn. (Prashant Kumar, J.) Binit