Makru Mahato vs Maharu Mahato & Anr
2022 Latest Caselaw 3605 Jhar

      IN THE HIGH COURT OF JHARKHAND AT RANCHI
                     SA No. 200 of 2014

         Makru Mahato                          .........       Appellant

                                     Versus

         Maharu Mahato & Anr.                  .........       Respondents

Coram: HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

For the Appellant : Mr. M.K. Laik , Sr.Adv.

09 / 08.09.2022 Heard learned counsel for the appellant.

This appeal will be heard on the following substantial question of law:-

"Whether learned First Appellate Court committed a grave error of law in holding that the judgment of the court of Munsif Chas in Title Suit No. 64 of 1985 declaring that the preliminary decree passed in Title (P) suit no. 37 of 1961 is a nullity, is not acceptable as prior to passing such judgment, the preliminary decree passed in Title (P) suit no. 37 of 1961, was affirmed by the Hon'ble Patna High Court in S.A. No. 619 of 1965."

Admit.

Call for the Lower Court Records. Issue notice to the respondent nos. 1(a) and 1(b).

The appellant is directed to file requisites for service of notice on the respondent nos. 1(a) and 1(b) through both process i.e. under registered post with A/D as well as through ordinary process within four weeks, failing which, this appeal shall stand dismissed without further reference to the Bench.

Rule is made returnable within six weeks. List this appeal after receipt of the service report of the notice issued on the said respondents.

(ANIL KUMAR CHOUDHARY, J.) Smita/-