Andi Devi vs Laxman Laik
2023 Latest Caselaw 3060 Jhar

IN THE HIGH COURT OF JHARKHAND AT RANCHI
              S.A. No. 482 of 2018
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    Andi Devi                      .... .... .... Appellant
                            Versus
    Laxman Laik                    .... .... .... Respondent
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CORAM: HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

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For the Appellant : Mr. Rajeeva Sinha, Advocate : Ms. Shreesha Sinha, Advocate

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Order No.09 Dated- 21.08.2023 Heard the parties.

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

(i) Whether the learned first appellate court has committed perversity in holding that Udmi Laikain and Bhusia @ Bhusia Devi are one and the same person though the point for determination no. A is whether Andi Devi and Bhusia Devi is one and same person?

(ii) Whether the learned first appellate court gravely erred by not considering the statutory bar as envisaged under Section 11 of Santhal Pargana Settlement Regulation, 1872 (Regulation 3 of 1872) which bars jurisdiction of the civil court from entertaining any suit regarding any matter decided by any settlement court under the said rules as the Assistant Settlement Officer, Dumka rejected the objection suit of the defendant bearing no. 02 of 2002 vide the order dated 20.05.2009 (Ext.9) and the said judgment has attained finality having not been challenged by the defendant?

Call for the Lower Court Records.

The appellant is 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.)