Smt. Shikha Mukherjee vs The State Of Jharkhand
2022 Latest Caselaw 4447 Jhar

Citation : 2022 Latest Caselaw 4447 Jhar
Judgement Date : 7 November, 2022

Jharkhand High Court

Smt. Shikha Mukherjee vs The State Of Jharkhand on 7 November, 2022

IN THE HIGH COURT OF JHARKHAND AT RANCHI
                        C. M. P. No. 61 of 2022
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Smt. Shikha Mukherjee ... .... Petitioner no.2 Versus

1. The State of Jharkhand

2. M/s Jascon Inter Build through its Partner Dharmendra Kumar Dheeraj ... .... Opp. Parties

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CORAM: HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY

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For Petitioner No.2 : Mr. Pankaj Srivastava, Advocate For the State : Mr. Shashak Saurav, AC to GP-III

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Oral Order 05 / Dated : 07.11.2022

1. The instant civil misc. petition has been filed under Article 227 of the Constitution of India for a direction for expeditious disposal of F.A. No. 506 of 2018 which was transferred from this Court to learned Court of Judicial Commissioner, Ranchi and was re-registered as Civil Appeal No. 109 of 2019 and is now pending before the learned Court of Additional Judicial Commissioner-II, Ranchi.

2. Learned counsel for the petitioners submits that petitioner no. 1 has died and the right to sue survives to petitioner no. 2.

3. Petitioners were the original plaintiffs in T.S. No. 285 of 2007 which was filed for a declaration, inter alia, that the agreement dated 22.10.2005 was null and void. The suit was decreed ex-parte vide judgment dated 21.12.2010. Opposite party no. 2 filed an application to set aside the judgment and decree under Order IX Rule 13 of C.P.C. which was rejected vide order dated 18.01.2014.

4. Opposite party no. 2 filed F.A. No. 506 of 2018 which is now proceeding before the court below in Civil Appeal no. 109 of 2019.

5. It is submitted by learned counsel for the petitioners that petitioner no.1 is no more and for the ends of justice the name of petitioner no. 1 be permitted to be deleted from the cause title of the instant civil misc. petition and further for a direction to the Court below for expeditious disposal of the appeal.

6. Learned counsel for the State has raised no serious objection to the said prayer.

Under the circumstance, office is directed to delete the name of petitioner no. 1 from the cause title of instant civil misc. petition.

Learned Court below is directed to dispose of the appeal expeditiously, preferably within a period of four months.

This civil misc. petition is accordingly, disposed of.

(Gautam Kumar Choudhary, J.) AKT