Mahendra Prasad Singh & Anr vs Mostt. Sadli & Ors
2023 Latest Caselaw 1583 Jhar

IN THE HIGH COURT OF JHARKHAND AT RANCHI
                  S.A. No. 37 of 2019
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Mahendra Prasad Singh & Anr. .... .... .... Appellants Versus Mostt. Sadli & Ors. .... .... .... Respondents

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CORAM: HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

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For the Appellant : Mr. Rahul Kr. Gupta, Advocate : Mr. Manoj Kr. Sah, Advocate

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Order No.08 Dated- 12.04.2023 Heard the parties.

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

(i) Whether the learned first appellate court erred by holding that the plaintiffs are entitled for getting the preliminary decree of 1/3rd share over the suit land even though there is no finding given by it that there was unity of title and possession between the plaintiffs and his coparceners as the learned first appellate court has arrived at a contrary finding in the last part of paragraph no.15 of its judgment at internal page no.20, to the effect that there was partition by meats and bounds? Call for the Lower Court Records.

Issue notice to the respondents in both ways.

The appellants are directed to file requisites for service of notice on the respondents by registered post with A/D as well as under ordinary process within two 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 to the respondents.

Sonu-Gunjan/- (Anil Kumar Choudhary, J.)