Bal Vidya Mandir Through Its Secretary Nemdhari Mahto Vs. Kalicharan Prasad - Court Judgment

IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(C) No. 5013 of 2013 with I.A. No. 6190 of 2013 Bal Vidya Mandir through its Secretary, Nemdhari Mahto .........Petitioner Vs. Kalicharan Prasad ........Respondent CORAM: HON'BLE MR. JUSTICE PRASHANT KUMAR For the Petitioner: Mr. Sumeet Gadodia For the Respondents: Mr. 2/23.08.2013: In this writ application, petitioner has challenged the order dated 18.7.2013 passed by Civil Judge ( Junior Division), Hazaribagh in Execution Case No. 11 of 2011, whereby he attached the bank account of the petitioner and directed the banker to release the decreetal amount to the decree holder. It appears that the said execution case arose from a decree passed in Title Suit No. 42 of 1995. It is an admitted position that against the said decree, the petitioner has filed appeal before the learned District Judge, Hazaribagh vide Title Appeal No. 41 of 2011. Under the said circumstance, in my view, petitioner ought to have filed an application for stay of the decree before the learned District Judge, instead of coming to this Court. Under the said circumstances, I am not inclined to entertain this writ application. However, I give liberty to the petitioner to file appropriate application before the learned District Judge, Hazaribagh, if he so desire, for redressal of his grievance. Accordingly, this writ application as well as I.A. No. 6190 of 2013 disposed of. ( Prashant Kumar,J.) Sharda/-