Benoy Kumar Singh & Ors vs Abinta @ Anita Devi & Ors
2023 Latest Caselaw 783 Jhar

IN THE HIGH COURT OF JHARKHAND AT RANCHI
                 S.A. No. 489 of 2017
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Benoy Kumar Singh & Ors. .... .... .... Appellants Versus Abinta @ Anita Devi & Ors. .... .... .... Respondents

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CORAM: HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

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For the Appellant : Mr. Diva Kant Roy, Advocate

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Order No.04 Dated- 14.02.2023 I.A. No.8199 of 2018 Heard the parties.

Learned counsel for the appellants submits that this interlocutory application has been filed with a prayer to allow the appellants to pursue the appeal without impleading the respondent nos.1 and 1 (a) namely Aamo Devi and Tarabati Devi of the decree under appeal.

It is next submitted that the respondent no.1 Aamo Devi has died during the pendency of Title Appeal No.80 of 91 in the court below and consequent upon that her name has been deleted by the court below vide order dated 11.09.2014. Similarly, the respondent no. 1 (a) of the decree under appeal died during the pendency of the appeal in the court below and the court below directed to delete her name in the appeal vide order dated 06.01.2016 but inadvertently, it has not been mentioned in the impugned judgment and decree that they are dead.

Considering the aforesaid facts, the prayer is allowed. The appellants are permitted to pursue this appeal without impleading the respondent nos. 1 and 1 (a) of the decree under appeal.

This interlocutory application is disposed of accordingly.

(Anil Kumar Choudhary, J.) S.A. No. 489 of 2017

In view of the order passed in I.A. No.8199 of 2018, the defect pointed out by the stamp reporter at serial no.9 is ignored.

The learned counsel for the appellants prays for eight weeks' time to remove the defects as pointed out by the stamp reporter.

The appellants are directed to remove the defects as pointed out by the stamp reporter within eight weeks, failing which, this appeal shall stand dismissed without further reference to the Bench.

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