Smt. Sushma Rani vs Smt. Khiriya Devi & Ors
2021 Latest Caselaw 4416 Jhar

IN THE HIGH COURT OF JHARKHAND AT RANCHI
                 S. A. No. 52 of 2007

Smt. Sushma Rani                          ....    .... Appellant
                     Versus
Smt. Khiriya Devi & Ors.                .... .... Respondents
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CORAM: HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY

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For the Appellant : Mr. Praveen Kr. Verma, Advocate For the Respondents : None

Oral Order 11 / Dated : 25.11.2021

Heard learned counsel appearing for the appellant in I.A. No. 3319 of

2016 in which an application under Order 39 Rule 2A of C.P.C. has been

filed for taking action against the respondents for disobedience of

injunction of order dated 14.11.2011 passed in I.A. No. 2126 of 2011 in

the instant appeal.

It is submitted that the instant appeal has been filed by the appellant

against the affirmation of judgment and decree in first appeal in Title

Appeal No. 06 of 2005. Instant second appeal was admitted for hearing on

the following substantial question of law"

"Whether in absence of necessary pleading in the written statement of

the defendants, learned courts below have committed serious error in

holding that the defendants have acquired title by adverse possession?"

During the pendency of the appeal, the appellant/petitioner filed an

interlocutory application bearing I.A. No. 2126 of 2011 from raising

construction of any kind in disposal of the second appeal in which the

respondents appeared and filed counter affidavit. After hearing the parties,

said interlocutory application was disposed of with the following

directions:

"Learned counsel, appearing on behalf of the respondents, on the instruction of the respondents, submitted that the respondents shall not make any construction over the suit land during pendency of the appeal. In view of the said assurance of the respondents and in the facts and circumstances of the case, no further order is required to be passed on this application.

I. A. No. 2126 of 2011 stands disposed of."

It is submitted that despite assurance given and the order of the Co-

ordinate Bench of this Court in this appeal, construction was again started

in the years 2014-15 but without any assigning the reason construction has

been made of Plot No. 699 under Khata No. 58 of Village Mangrodih on

total area of 3 ½ dismissal. In this way there has been clear and blatant

violation of the order of this Court.

On the last occasion three weeks' time was allowed for filing rejoinder

but neither the rejoinder has been filed nor learned counsel for the

respondents have appeared before this Court for hearing in the said

interlocutory application. Neither any reply has been filed nor appear to

controvert the assertions made on behalf of the appellant. Under the

circumstance a cost of Rs.5000/- is awarded in favour of the appellant to

be deposited by the respondents.

(Gautam Kumar Choudhary, J.) AKT