Smt. Nutan Kumari Lal & Anr vs Md. Farooque & Ors
2023 Latest Caselaw 672 Jhar

IN THE HIGH COURT OF JHARKHAND AT RANCHI
                     S.A. No. 611 of 2016
                             ------

Smt. Nutan Kumari Lal & Anr. .... .... .... Appellants Versus Md. Farooque & Ors. .... .... .... Respondents

------

CORAM: HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

------

For the Appellants : Mr. Ravi Kr. Singh, Advocate For the Respondents : Mr. Saurabh Shekhar, Advocate

------

Order No.06 Dated- 08.02.2023 I.A. No.19 of 2017 The learned counsel for the petitioners of this interlocutory application whose names, parentage and addresses have been mentioned in para-13 of this interlocutory application submits that this interlocutory application has been filed with a prayer to implead them as respondent no.12 to 16. It is next submitted by the learned counsel for the said four petitioners that the original plaintiffs have sold the suit land to the petitioners vide registered sale deed dated 26.06.2007 for a total consideration amount of Rs.5,65,000/-. It is next submitted that the petitioners of this interlocutory application undertake not to take any plea inconsistent with the plea of the plaintiff taken in the original suit and they will abide by the judgment and decree to be ultimately passed in this second appeal. Hence, it is submitted that the four petitioners be impleaded as respondent nos. 12 to 15.

Mr. Saurabh Shekhar, Advocate has filed power on behalf of the four petitioners of this interlocutory application whose names, parentage and addresses have been mentioned in para-13 of this interlocutory application.

Learned counsel for the appellants and learned counsel for the contesting respondents have no serious objection.

Considering the aforesaid facts, the prayer to implead the four petitioners whose names, parentage and addresses have been mentioned in para-13 of this interlocutory application as respondent nos. 12 to 15 is allowed with the condition that they will not take any plea inconsistent with the plea of the plaintiff taken in the original suit and they will abide by the judgment and decree to be ultimately passed in this second appeal.

Registry is directed to incorporate the names, parentage and addresses of the said four petitioners whose names, parentage and addresses have been mentioned in para-13 of this interlocutory application as respondent nos. 12 to 15 in the cause title of the appeal memo with red ink.

This interlocutory application stands disposed of accordingly.

(Anil Kumar Choudhary, J.) S.A. No. 611 of 2016

Notice issued to the respondent nos.1 & 3 to 11 has not been validly served.

Issue fresh notice to the respondent nos.1 & 3 to 11 on their present and correct address.

The appellants are directed to file fresh requisites for service of notice on the respondent nos.1 & 3 to 11 on their present and correct address by registered post with A/D as well as under ordinary process within three 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 nos.1 & 3 to 11.

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