Jharkhand High Court
Jiblal Teli & Others vs Bishun Teli & Others on 7 November, 2022
IN THE HIGH COURT OF JHARKHAND AT RANCHI
(Civil Writ Jurisdiction)
W.P. (C) No. 2039 of 2019
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Jiblal Teli & Others .... ..... Petitioners
Versus
Bishun Teli & Others .... ..... Respondents
CORAM: HON'BLE MR. JUSTICE KAILASH PRASAD DEO
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For the Petitioners : None.
For the Respondents : None.
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The matter is being taken up through Video Conferencing.
06/07.11.2022.
Nobody appears on behalf of the parties on repeated calls.
It appears that in terms of order dated 18.02.2022, a report was
called for from the Principal District Judge, Hazaribagh in Title Appeal
No. 4/2016.
A report has been received vide Letter No. 01/2022 dated
04.03.2022, whereby it appears that the Title Appeal No. 04/2016
(arising out of Title Suit No. 39/2005) Rajendra Kumar Gupta Vs.
Chandra Kishore Lal and Anr. has been disposed of, but here is the
Title Appeal No. is 04/16, pending in the court of Principal District
Judge, Hazaribag, wherein misc. case was instituted vide Misc. Case
No. 49/15 and against the order passed in Misc. Case No. 49/2015,
Misc. Appeal No. 4/2016 was also filed. Thus, it appears to the court
that while issuing certified copy, the section, which has issued the
certified copy has committed blunder as instead of writing Misc.
Appeal No. 4/16, Misc. Appeal No. 49/2015 has been written, against
which, Misc. Appeal No. 4/16 has been instituted. Such connotation
has been made in first page of the impugned order dated 20.02.2019 as
Title Appeal No. 04/16, but in 3rd page as Misc. Appeal 4/2016, as
such, this Court directs the District Judge, Hazaribagh to make the
office in order so as to ascertain the position of the case. The details are
given hereunder:-
"A Partition Suit No. 6/1988 (Bishun Teli & Others Vs.
Ghuja Teli & Others) was filed with respect to the land of
Khata No. 8 and Khata No. 79 of Village - Belkappi,
P.S. - Gorhar, District - Hazaribagh belonged to Uttim
Teli and others. In the said suit, some of the defendants
died, whose names have been expunged and to substitute
the legal heirs of those defendants, a petition was filed on
11.07.2017. A rejoinder was filed by plaintiff on
22.08.2017. Reply to the rejoinder was filed on
20.06.2018. The prayer of the parties were rejected by the
learned District Judge, Hazaribagh. Thus, a Misc. Case
No. 49/2015 was filed before the Sr. Civil Judge-I,
Hazaribagh, which was also rejected and thus Misc.
Appeal No. 4/2016 was instituted."
The confusion cropped up because of the wrong mentioning of
Case No. at the 1st page of the impugned order dated 20.02.2019 i.e.
Title Appeal No. 4/16, which ought have been Misc. Appeal No. 4/16.
Under the aforesaid circumstances, office is directed to send the
photocopy of the impugned order before the Principal District Judge,
Hazaribagh.
The Principal District Judge, Hazaribagh is directed to submit a
report that what is the latest position of Partition Suit No. 6/1988,
whether it is still pending or not and if, it has been disposed of, what is
the date of judgment and decree, whether appeal has been preferred or
not?
The Principal District Judge, Hazaribagh shall also state about
the status of the appeal, if any, pending against the judgment and
decree passed in Partition Suit No. 6/88 before the appellate forum.
The Principal District Judge, Hazaribagh shall also state about
the decision of Misc. Case No. 49/2015 and status of its appeal i.e.
Misc. Appeal No. 4/2016.
The report must be submitted before this Court within a period
of two weeks.
Since the counsel for the petitioners has not appeared on
repeated calls and also nobody appeared on behalf of bar, let the matter
be listed before this Court on 22.11.2022 under the same heading, so as
to enable learned counsel for the petitioners to assist this Court, failing
which, this Court shall pass necessary order on the basis of pleading of
the petitioners.
(Kailash Prasad Deo, J.)
Sunil/-
