Munna Sao vs Shambhu Sao
2021 Latest Caselaw 3550 Jhar

              IN THE HIGH COURT OF JHARKHAND AT RANCHI
                         [Civil Writ Jurisdiction]
                         W. P. (C) No. 3796 of 2006
             Munna Sao S/o Late Ram Chandra Sao, R/o Village-Nagwa P.O. P.S.
             and Dist. Garhwa                                         .... .. ...         Petitioner(s)
                                           Versus
           1.Shambhu Sao
           2.Prabhu Sao
           3.Guddu Sao
           4.Mostt. Koraila Devi Kunwar
           5.Suresh Sao
           6.Ramesh Sao
           7.Lal Bahadur Sao                                                    .. ... ... Respondent(s)
                                ...........

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

For the Petitioner(s) : Mr. P. P. N. Roy, Sr. Advocate.

                                                 Mr. Pandey Ashok Nath Roy, Advocate
           For the Respondent(s)            :    None
                                ..........

07 / 22.09.2021. Heard, Mr. P. P. N. Roy, learned Senior counsel assisted by Mr. Pandey Ashok Nath Roy, learned counsel for the petitioner.

It appears that the Instant Writ Petition has been filed for quashing the order dated 05.06.2006 passed by the learned Additional Collector, Garhwa, in Misc. Case No.16/05-06 whereby, the proceeding was kept in abeyance during the pendency of Title Suit No.01 of 1997.

Mr. P. P. N. Roy, learned Senior counsel appearing for the petitioner has submitted that impugned order is of dated 05.06.2006 passed in Misc. Case No.16/05- 06, but subsequently Title Suit No.01 of 1997 has already been dismissed by the learned Civil Judge, Senior Division, Garhwa vide Judgment dated 18.09.2012 and decree signed on 06.10.2012. Against the said order/judgment passed in Title Suit No.01 of 1997, plaintiffs/appellants preferred Title Appeal No.32 of 2012 before the Court of learned District Judge-V, Garhwa which stood dismissed, in terms of the judgment dated 16th May, 2017 and decree signed on 31 st May, 2017, but even then the proceeding in Misc. Case No.16/05-06 has been kept in abeyance by the Court of Additional Collector, Garhwa.

Today, no body has appeared on behalf of the respondents.

By way of last chance, put up this case on 27.09.2021.

Office is directed to verify whether any Second Appeal has been preferred before this Court against the judgment dated 16th May, 2017 and decree signed on 31st May, 2017 passed in Title Appeal No.32 of 2012.

(Kailash Prasad Deo, J.) Sandeep/