Sunita Devi & Ors vs Dulari Devi
2023 Latest Caselaw 1628 Jhar

IN THE HIGH COURT OF JHARKHAND AT RANCHI
                 S.A. No. 61 of 2020
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Sunita Devi & Ors. .... .... .... Appellants Versus Dulari Devi .... .... .... Respondent

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CORAM: HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

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For the Appellants : Mr. Shashank Shekhar, Advocate

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Order No.03 Dated- 17.04.2023 Heard the parties.

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

(i) Whether the learned first appellate court committed perversity by reversing the judgment of the learned trial court even though there is no prayer of the plaintiff to declare Ext. A and A/1 which are the sale deeds executed in favour of the defendants as null and void?

(ii) Whether the finding of the learned first appellate court that there was partition of the suit property between the vendor of the plaintiff and the vendor of the defendant without mentioning any date of partition merely on the basis of recital in both Ext. A and A/1 is perverse?

Call for the Lower Court Records.

The appellants are directed to file requisites for service of notice on the respondent 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 respondent.

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