Kanhai Munda & Others vs Deochand Mahto & Others
2021 Latest Caselaw 105 Jhar

     IN THE HIGH COURT OF JHARKHAND AT RANCHI
                (Civil Appellate Jurisdiction)
                   S. A. No. 293 of 2004
                            ......

Kanhai Munda & Others ........... Appellants Versus Deochand Mahto & Others ........ Respondents

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

For the Appellants : Mr. Prabhat Kumar Sinha, Advocate.

For the Respondents            :
                                 .......
12/07.01.2021

Learned counsel for the appellants, Mr. Prabhat Kumar Sinha has submitted that petition has been filed before the court of learned Additional District Judge, FTC-VI, Hazaribagh for deleting the name of respondent no.5 namely, Andu Munda and respondent no.7 Kishun Bhagat, who died during pendency of Title Appeal No.01/1992 prior to the judgment and decree.

Learned counsel for the appellants has further submitted that petition has been filed before the court below on 04.11.2003 to expunge the name of respondent nos.5 and 7 and the same was kept pending for deciding the same at the time of final hearing, but no final order has been passed on the said petition, as such, in the second appeal, such defect has been cropped up.

Learned counsel for the appellants has submitted that the appeal has not been admitted, but in view of the said factual position, I.A. No.2435/2004 has been filed to the delete the name of respondent nos.5 and 7.

Considering such submissions, at the cost of the appellants, the name of respondent nos. 5 and 7 of the Title Appeal No.01/1992, who have not been impleaded as a party in the present second appeal, are deleted.

I.A. No.2435/2004 is hereby disposed of. Since the second appeal is of the year 2004, which has not been admitted, office is directed to proceed in accordance with law.

(Kailash Prasad Deo, J.) Sunil-Jay/