Smt. Basanti Devi & Anr vs Smt. Kapurna Devi
2023 Latest Caselaw 2880 Jhar

           IN THE HIGH COURT OF JHARKHAND AT RANCHI
                         SA No. 66 of 2018

           Smt. Basanti Devi & Anr.            ......        Appellants

                                      Versus
          Smt. Kapurna Devi               .........        Respondent

Coram: HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

For the Appellants : Mr. K.K.Ambastha, Adv.

05 / 14.08.2023 Heard.

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

1. Whether the learned First Appellate Court has committed perversity by not setting aside the finding of the trial court to the effect that the suit is barred by limitation and without considering the matter of limitation reversed the judgment of the trial court?

2. Whether the learned First Appellate Court has committed gross illegality by holding that the claim of ownership and claim of adverse possession cannot run together? Issue notice to the respondents.

The appellants are directed to file requisites of notice through both processes i.e. under registered post with A/D as well as through ordinary process within four 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 respondent and in the meanwhile, call for the Lower Court Records.

(ANIL KUMAR CHOUDHARY, J.) Smita/-