Smt. Lilawati Devi & Others vs Md. Afzal Khan & Others
2022 Latest Caselaw 3988 Jhar

IN THE HIGH COURT OF JHARKHAND AT RANCHI
                    M.A. No.97 of 2012
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Smt. Lilawati Devi & Others .... .... .... Appellants Versus Md. Afzal Khan & Others .... .... .... Respondents

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CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

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For the Appellants : Mr. Sanjay Kr. Pandey 2, Advocate

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Order No.13 Dated- 27/09/2022 I.A. No.8930 of 2022 Heard the learned counsel for the appellants.

2. Learned counsel for the appellants submits that this interlocutory application has been filed by the appellants to allow them to confine the prayer made in this appeal only to the judgment and award dated 03.03.2012 passed by 5th District Judge-cum-Presiding Officer, Motor Vehicle Accident Claim Tribunal, Hazaribagh in Claim Case No.107 of 2004. It is next submitted by the learned counsel for the appellants that subsequent to the said judgment in Claim Case No.107 of 2014 dated 03.03.2012, orders dated 10.04.2012 and 12.04.2012 have been passed by the Presiding Officer, Motor Vehicle Accident Claim Tribunal on application filed by the claimants under Section 152 of the Code of Civil Procedure for rectification of the errors appearing in the judgment dated 03.03.2012 which was passed by the tribunal. While preferring this Miscellaneous Application, the appellants have challenged the order dated 10.04.2012 and 12.04.2012 also but now the appellants abandon the prayer to challenge the orders dated 10.04.2012 and 12.04.2012.

3. Considering the aforesaid facts, the prayer of the appellants is allowed and it is ordered that this appeal be treated having been filed only against the judgment and award dated 03.03.2012 passed by the 5th District Judge-cum-Presiding Officer, Motor Vehicle Accident Claim Tribunal, Hazaribagh in Claim Case No.107 of 2004.

4. This interlocutory application stands disposed of.

(Anil Kumar Choudhary, J.) M.A. No.97 of 2012 List this appeal after removal of the defects or six weeks whichever is earlier.

Animesh/                                   (Anil Kumar Choudhary, J.)