Jharkhand High Court
Rubi Devi & Ors vs Ritesh Kumar Gupta & Ors on 2 August, 2023
IN THE HIGH COURT OF JHARKHAND AT RANCHI
SA No. 5 of 2023
Rubi Devi & Ors. ...... Appellants
Versus
Ritesh Kumar Gupta & Ors.
......... Respondents
Coram: HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
For the Appellants : Mr. Shashank Shekhar , Adv.
Mr. Amit Kr. Verma , Adv.
03 / 02.08.2023 Heard.
This appeal will be heard on the following
substantial questions of law :-
1. Whether the appellate court committed perversity
by decreeing the suit of the plaintiff even though as
the plaintiff knowing pretty well that the defendant
no. 1 has sold the suit property to the defendant no.
2 vide registered sale deed dated 29.05.2006 marked
as Exhibit 'C' yet did not pray for cancellation of the
aforesaid sale deed, marked as Ext. 'C'.
2. Whether the suit property being a joint family
property of the defendants on 06.09.2005, learned
First Appellate court committed a perversity by
ignoring the fact that the defendant no. 1 alone, was
not competent to enter into an agreement for sale,
with the plaintiff vide Ext. 1 on 06.09.2005, in view
para 14 and 15 of the judgment of the co-ordinate
Bench of this court , in the case of the Bharat Singh
vs. Aklu Hazam reported in 2002 1 JLJR 565.
Issue notice to the respondents.
The appellant is directed to file requisites of
notice through both processes i.e. under registered
post with A/D as well as through ordinary process
within six 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 said respondents and in the
meanwhile, call for the Lower Court Records.
(ANIL KUMAR CHOUDHARY, J.)
Smita/-
IN THE HIGH COURT OF JHARKHAND AT RANCHI
SA No. 5 of 2023
Rubi Devi & Ors. ...... Appellants
Versus
Ritesh Kumar Gupta & Ors.
......... Respondents
Coram: HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
For the Appellants : Mr. Shashank Shekhar , Adv.
Mr. Amit Kr. Verma , Adv.
03 / 02.08.2023 Heard.
This appeal will be heard on the following
substantial questions of law :-
1. Whether the appellate court committed perversity
by decreeing the suit of the plaintiff even though as
the plaintiff knowing pretty well that the defendant
no. 1 has sold the suit property to the defendant no.
2 vide registered sale deed dated 29.05.2006 marked
as Exhibit 'C' yet did not pray for cancellation of the
aforesaid sale deed, marked as Ext. 'C'.
2. Whether the suit property being a joint family
property of the defendants on 06.09.2005, learned
First Appellate court committed a perversity by
ignoring the fact that the defendant no. 1 alone, was
not competent to enter into an agreement for sale,
with the plaintiff vide Ext. 1 on 06.09.2005, in view
para 14 and 15 of the judgment of the co-ordinate
Bench of this court , in the case of the Bharat Singh
vs. Aklu Hazam reported in 2002 1 JLJR 565.
Issue notice to the respondents.
The appellant is directed to file requisites of
notice through both processes i.e. under registered
post with A/D as well as through ordinary process
within six 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 said respondents and in the
meanwhile, call for the Lower Court Records.
(ANIL KUMAR CHOUDHARY, J.)
Smita/-
