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Ashok Kumar vs Maharwa Bhuiyan @ Bhikho Bhuiyan
2022 Latest Caselaw 3289 Jhar

Citation : 2022 Latest Caselaw 3289 Jhar
Judgement Date : 18 August, 2022

Jharkhand High Court
Ashok Kumar vs Maharwa Bhuiyan @ Bhikho Bhuiyan on 18 August, 2022
              IN THE HIGH COURT OF JHARKHAND AT RANCHI
                              S.A. No. 448 of 2017
                                        With
                              I.A. No. 11266 of 2019
                                    -----
        Ashok Kumar                                  .... Appellant(s)
                                   Versus
        Maharwa Bhuiyan @ Bhikho Bhuiyan             .... Respondent(s)

        CORAM          :     HON'BLE MR. JUSTICE ANANDA SEN.
                                           -----
        For the appellant(s):              Mr. Amar Kr. Sinha, Advocate.
                                                 ------
                                    I.A. No. 11266 of 2019

06/18.08.2022:         This application has been filed for ignoring the defect No. 1 as

pointed out by the office, which is with regard to name, parentage and village name be given as per certified copy of decree under appeal of respondent in Memo.

Counsel for the appellant submits that Maharwa Bhuiyan @ Bhikho Bhuiyan is the same person but it has been wrongly mentioned in judgment and decree under appeal as Bhikho Bhuiyan.

In view of the statement made in para 5 of this application, defect No. 1 is ignored for the present.

Accordingly, this application stands allowed.

S.A. No. 448 of 2017 This appeal will be heard on the following question of law.

(i) Whether in view of judgment of the Hon'ble Supreme Court of India in the case of Ravinder Kaur Grewal and Others Vs. Manjit Kaur and Others reported in (2019) 8 SCC 729, the findings of the first appellate court arrived at in respect of adverse possession in para 33 of the judgment holds good?

It will be open to frame further question of law, if any, at the time of hearing of this appeal.

Issue notice to respondent, for which, requisites etc. under ordinary process must be filed within two weeks.

Call for the lower court records.

Anu/-C.P.2. (ANANDA SEN, J.)

 
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