Jamal Mian @ Md. Jamal vs Jhumri Bibi
2022 Latest Caselaw 1020 Jhar

             IN THE HIGH COURT OF JHARKHAND AT RANCHI
                        C.M.P. No. 88 of 2022

         Jamal Mian @ Md. Jamal                        ...      ...     Petitioner
                                           Versus
         1. Jhumri Bibi
         2. Salauddin Mian                             ...        ...     Respondents
         CORAM: HON'BLE MR. JUSTICE RAJESH SHANKAR
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For the Petitioner : Mr. Ashutosh Pd. Joshi, Advocate For the Respondent :

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Order No. 02 Dated: 11.03.2022

The C.M.P. is taken up today through Video conferencing.

The present C.M.P. has been filed for quashing the order dated 14.02.2022 (Annexure-4 to the present petition) passed by Civil Judge (Sr. Division)-III, Jamtara in Title (Partition) Suit No. 38 of 2014, whereby the petition dated 07.01.2022 along with an application under Section 5 of the Limitation Act as well as the written statement dated 07.01.2022 filed by the petitioner to recall the order dated 30.10.2017 fixing the suit for ex-parte hearing has been dismissed. Further prayer has been made to stay the proceeding of Title (Partition) Suit No. 38 of 2014.

Learned counsel for the petitioner submits that judgment with respect to preparation of preliminary decree has already been passed in Title (Partition) Suit No. 38 of 2014. He accordingly prays for withdrawal of the present CMP with liberty to take appropriate recourse against the said ex-parte judgment.

In view of the said prayer, the CMP is dismissed as withdrawn with aforesaid liberty.

(Rajesh Shankar, J.) Manish