Jharkhand High Court
Maqsood Ansari & Others vs Mosmat Akli Devi & Others on 8 July, 2021
IN THE HIGH COURT OF JHARKHAND AT RANCHI
(Civil Appellate Jurisdiction)
S.A. No. 440 of 2015
........
Maqsood Ansari & Others .... ..... Appellants
Versus
Mosmat Akli Devi & Others .... ..... Respondents
CORAM: HON'BLE MR. JUSTICE KAILASH PRASAD DEO
(Through : Video Conferencing)
............
For the Appellants : Mr. Vipul Poddar, Advocate.
For the Respondents : Mr. Shekhar Prasad Sinha, Advocate.
........
11/08.07.2021.
I.A. No. 2243/2020
I.A. No. 2243/2020 has been filed for ignoring defect nos. 4 & 5.
Perused the office note dated 16.06.2020 and 01.07.2021.
From perusal of office note dated 16.06.2020, it appears that defect
no. 4 has already been ignored vide order dated 05.02.2020.
In view of letter no. 124 dated 27.08.2018 from Principal District
Judge, Dhanbad, defect no. 5, as pointed by the Stamp Reporting dated
02.11.2015, is hereby ignored for the present.
Accordingly, I.A. No. 2243/2020 is allowed.
I.A. No. 4263/2020
I.A. No. 4263/2020 has been filed for deleting the name of
appellant no. 8 (G) namely, Zulekha Bibi, Wife of Mahboob Ansary in the
appellate decree from the array of the parties.
From perusal of the judgment and decree of lower appellate court, it
appears that the appellant no. 8 (G) is widow of Mahboob Ansary, but the
same has not been mentioned in the main memo of appeal.
Learned counsel for the appellants seeks some time to verify this
fact.
I.A. No. 4264/2020
I.A. No. 4264/2020 has been filed for substitution of legal heirs of
appellant no. 32 namely, Jabbad Mian @ Bhagalu Mian, son of Late
Chhotu Mian, who died on 14.01.2020 and also for setting aside the
abatement and condonation of delay.
The appellant no. 32 namely, Jabbad Mian @ Bhagalu Mian has
died leaving behind following legal heirs and legal representatives:-
(i) Batulan Bibi, wife of deceased Late Jabbad Mian @ Bhagalu Mian.
(ii) Shabhuddin Ansari, son of deceased Late Jabbad Mian @ Bhagalu
Mian.
(iii) Nizamuddin Ansari, son of deceased Late Jabbad Mian @ Bhagalu
Mian.
All resident of Village - Kurmidih, P.O. - Gobindpur, P.S. -
Gobindpur, District - Dhanbad, Jharkhand.
Learned counsel for the appellants has submitted that the name of
Jabbad Mian @ Bhagalu Mian has been cited as appellant no. 33 in the
main memo of appeal, but in the I.A. No. 4264/2020, Jabbad Mian @
Bhagalu Mian has been cited as appellant no. 32.
Learned counsel for the appellants has prayed for some time to
verify the same.
Learned counsel for the appellants has further submitted that the
proposed legal heirs of Jabbad Mian @ Bhagalu Mian have already
appeared through their learned counsel by filing Vakalatnama.
I.A. No. 6416/2015
I.A. No. 6416/2015 has been filed for substitution of legal heirs of
appellant no. 12 namely, Shahbu Mian, who died on 19.08.2015, leaving
behind following legal heirs and representatives:-
(i) Jalil Ansari, son of Late Shahbu Mian, resident of Village -
Kurmidih, P.O. - Kalyanpur, P.S. - Barwadda, District - Dhanbad.
(ii) Bundia Bibi, Daughter of Late Shahbu Mian, Wife of Enatull
Ansari, resident of Village - Pandania, P.O. - Birajpur, P.S. - Barwadda,
District - Dhanbad.
(iii) Pokni Bibi, Daughter of Late Shahbu Mian, Wife of Maqbul
Mian, resident of Village - Kadalaga, P.O. - Birajpur, P.S. - Barwadda,
District - Dhanbad.
Learned counsel for the appellants has submitted that the legal heirs
of appellant no. 12 have already appeared through their counsel by filing
Vakalatnama and the present interlocutory application has been filed
within time, as such, the same may be allowed.
Learned counsel for the respondents, Mr. Shekhar Prasad Sinha, has
submitted that the copy of I.A. No. 6416/2015 has not been served upon
him.
Considering the same, learned counsel for the appellants is directed
to serve the copy of I.A. No. 6416/2015 upon learned counsel for the
respondents, Mr. Shekhar Prasad Sinha within four weeks.
Put up this case after eight weeks.
(Kailash Prasad Deo, J.)
Sunil/-
