Guru Charan Mahato vs The State Of Jharkhand & Anr
2021 Latest Caselaw 3014 Jhar

               IN THE HIGH COURT OF JHARKHAND AT RANCHI
                           (Civil Appellate Jurisdiction)
                               SA. No. 164 of 2015
                                  ......

       Guru Charan Mahato                                   ...... Appellant
                                   Versus
       The State of jharkhand & Anr.                        ......Respondents

       CORAM:        HON'BLE MR. JUSTICE KAILASH PRASAD DEO
                     (Through : Video Conferencing)
                                 ......
      For the Appellant                : Mr. Ankit Vishal, Advocate
      For the Respondents              : Mr. Shrish Mazumdar, AC to SC-II
                                 -----
09/Dated: 19/08/2021.

The instant Second Appeal has been preferred against the concurrent findings of both the courts below i.e. against the judgment dated 23.01.2015 and decree signed on 30.01.2015 passed by learned District Judge-II, Saraikella, Kharsawan in Title Appeal No.05 of 2009, whereby the judgment dated 13.01.2009 and decree signed on 27.01.2009 passed by learned Munsif, Saraikella in Title Suit No.28 of 1999 / T.S. No.34 of 2007 has been affirmed.

It appears that defect no.1 as pointed out vide further Stamp Reporting dated 07.04.2021 has not been removed and court fee paid is short by Rs.3242/-.

Defect No.1 is as follows:-

Defect no.1- C.C. of both decrees are faint/handwritten. True typed copy may be filed.

Learned counsel for the appellant has prayed for two weeks time to remove the defect and to deposit deficit court fee of Rs.3242/-.

Learned counsel for the State, Mr. Shrish Mazumdar, AC to SC-II. Considering the same, two weeks' time is granted to remove the defect and to deposit deficit court fee of Rs.3242/-, failing which, this appeal shall stand dismissed without further reference to the Bench, as the appeal is of the year, 2015.

Office is directed to delete the name of learned counsel, Mr. Bhawesh Kumar in the cause-list and the same be substituted by reflecting the name of learned counsel for the respondent, Mr. Prabhat Kumar, SC-II.

(Kailash Prasad Deo, J.) R.S.