Tetar Singh vs Birbal Singh & Others
2021 Latest Caselaw 537 Jhar

      IN THE HIGH COURT OF JHARKHAND AT RANCHI
                  (Civil Appellate Jurisdiction)
                         S.A. No. 137 of 2006
                                     ........

Tetar Singh                                  .... ..... Appellant
                             Versus
Birbal Singh & Others                        .... ..... Respondents

CORAM: HON'BLE MR. JUSTICE KAILASH PRASAD DEO (Through : Video Conferencing) ............

For the Appellant : Mr. Rohit Roy, Advocate. For the Respondents : Mr. Sahay Gaurav Peeyush, Advocate.

........

07/04.02.2021.

Heard, learned counsel for the appellant, Mr. Rohit Roy. Learned counsel for the appellant has submitted that the appeal has been filed against the judgment dated 17.02.2006 and the decree dated 24.04.2006, passed by learned 1st Additional District and Sessions Judge, Latehar in Title Appeal No. 11 of 2002, whereby the 1 st Additional District and Sessions Judge, Latehar has allowed the appeal and set aside the judgment dated 10.10.2002 and decree dated 29.11.2002 passed by learned Munsif, Latehar in Title Suit No. 18 of 1994.

Learned counsel for the appellant has submitted that the appeal has been admitted on 05.03.2009.

Learned counsel for the appellant has further submitted that during pendency of the appeal the sole appellant has been died on 16.03.2018 and for substitution of sole appellant, I.A.6547/2020 has been filed, but with delay.

Learned counsel for the appellant has submitted that there is typographical mistake in the prayer portion of the interlocutory application, as such, the case may be adjourned so as to file Interlocutory Application afresh explaining the delay.

Learned counsel, Mr. Sahay Gaurav Peeyush on the instruction of learned counsel for the respondents, Mr. Amit Kumar Das has no objection.

Put up this case in the next week.

In the meantime, learned counsel for the appellant shall serve copy of fresh I.A. upon learned counsel for the respondents, who is at liberty to file counter affidavit, if so required.

(Kailash Prasad Deo, J.) Sunil/-