Abdul Sattar Ansari vs Rabindra Kumar Singh And Ors
2022 Latest Caselaw 3928 Jhar

          IN THE HIGH COURT OF JHARKHAND AT RANCHI

                            S. A. No. 416 of 2016

              Abdul Sattar Ansari                       ...       ...   Appellant
                                 Versus
              Rabindra Kumar Singh and Ors. ... ... Respondents
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CORAM: HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY

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03/23.09.2022

1. Learned counsel for the parties are present.

2. Learned counsel for the appellant has submitted that one interlocutory being I.A. No. 667/2016 application has been filed for stay.

3. Learned counsel for the respondents submits that as the case is otherwise ready for final disposal, therefore any date of hearing may be fixed. The learned counsel has also referred to a judgment passed by the Hon'ble Supreme Court reported in (2011) 5 SCC 654 and has also referred to Section 100 sub-Section 5 of Code of Civil Procedure to submit that it is open to the respondents to argue that the question of law framed while admitting the second appeal does not fall for consideration while deciding the second appeal. Accordingly, he submits that on the next date of hearing, he will first advance his argument on the point of question of law which has been framed by this Court and then the court may proceed to hear the appellant.

4. With the consent of the parties, the matter is fixed for final disposal on 14th October, 2022.

5. Learned counsel for the appellant undertakes to file a short synopsis of the point involved in the present case and the learned counsel for the respondents may also file advance copy of any judgment, which he seeks to rely upon.

(Anubha Rawat Choudhary, J.) Mukul