Jharkhand High Court
Asha Mandal & Another vs Ashok Kumar Sharma & Others on 5 January, 2023
IN THE HIGH COURT OF JHARKHAND AT RANCHI
S.A. No.79 of 2022
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Asha Mandal & Another .... .... .... Appellants
Versus
Ashok Kumar Sharma & Others .... .... .... Respondents
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CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
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For the Appellants : Mr. Rahul Kr. Gupta, Advocate
For the Respondents : Ms. Pinki Tiwary, AC to AG
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Order No.06 Dated- 05/01/2023
S.A. No.79 of 2022
Heard the parties.
Ms. Pinki Tiwary- learned counsel prays for five weeks' time to file
an affidavit in terms of the order dated 24.11.2022 passed in this case.
Prayer for time is allowed.
Perusal of the record reveals that vide order dated 24.11.2022, the
State of Jharkhand has been impleaded as respondent No.12 but in the
cause-title of the appeal memo necessary correction has not been made.
Registry is directed to mention the description of the respondent
No.12 as The State of Jharkhand through Chief Secretary, Project Building,
P.O./P.S- Dhurwa, Ranchi-834002.
This appeal will be heard on the following substantial questions of
law:-
(i) Whether both the courts below committed perversity by
resorting to the provisions of the Indian Easement Act, 1882 even though
the same has no application to the State of Jharkhand in view of the
judgment of the Hon'ble Supreme Court of India in the case of
Panchugopal Barua & Others vs. Umesh Chandra Goswami & Others
reported in (1997) 4 SCC 713?
(ii) Whether the courts below committed perversity by decreeing
the suit of the plaintiffs for easementary right without any finding that the
plaintiff do not have any other avenue for exit from his house?
Admit.
Call for the lower court records.
Ms. Pinki Tiwary receives notice on behalf of the respondent No.12.
Issue notice to the respondent Nos.1 to 11.
The appellants are directed to file requisites for service of notice
upon the respondent Nos.1 to 11 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 upon
the said respondents.
Animesh/ (Anil Kumar Choudhary, J.)
I.A. No.7502 of 2022
Heard the parties.
2. Learned counsel for the appellants submits that this interlocutory
application has been filed with a prayer to stay the proceedings of
Execution Case No.05 of 2019 pending in the court of Civil Judge (Senior
Division)-I, Jamtara. It is next submitted that in the said execution case,
writ for execution of the decree has been issued. It is next submitted that
unless the further proceedings of Execution Case No.05 of 2019 pending in
the court of Civil Judge (Senior Division)-I, Jamtara is stayed, the
appellants will suffer irreparable loss and injury.
3. Considering the aforesaid facts and circumstances of the case,
further proceedings of Execution Case No.05 of 2019 pending in the court
of Civil Judge (Senior Division)-I, Jamtara is stayed till the next date of
listing of this appeal.
4. This interlocutory application stands disposed of.
(Anil Kumar Choudhary, J.)
