Santosh Nonia & Ors vs Dhaneswar Nonia
2023 Latest Caselaw 180 Jhar

IN THE HIGH COURT OF JHARKHAND AT RANCHI
                 S.A. No. 167 of 2018
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Santosh Nonia & Ors. .... .... .... Appellants Versus Dhaneswar Nonia .... .... .... Respondent

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CORAM: HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

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     For the Appellants         : None
     For the Respondent         : None
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     Order No.06 Dated- 10.01.2023
     I.A. No.2757 of 2019

No one turns up on behalf of the parties in-spite of repeated calls.

Perusal of the record reveals that this interlocutory application has been filed with a prayer to delete the name of the appellant nos.1, 8, 9, 10 and 13 of the decree under appeal which has wrongly been arrayed as appellant nos.2, 9, 10, 11 and 14 and to implead their legal heirs whose name, parentage and addresses have been mentioned at paragraph no.5 of this interlocutory application as pro-forma respondent and to grant leave to pursue this appeal against them.

Perusal of the record reveals that it has been averred in paragraph no.3 of this interlocutory application that appellant nos.1, 8, 9, 10 and 13 of the decree under appeal have wrongly been arrayed as appellant nos.2, 9, 10, 11 and 14 even though they have died prior filing this second appeal but after passing of the impugned judgment.

Perusal of the record further reveals that nowhere in the interlocutory application, it has been mentioned as to on which date, where and how the appellant nos.1, 8, 9, 10 and 13 of the decree under appeal have died.

It is highly unlikely that five persons have died during the period from 29.01.2018 to 28.04.2018 that is when the impugned judgment was passed in Partition Appeal No.36 of 2010 and this second appeal was filed in this court, respectively.

Under such circumstances, the appellant is directed to file an affidavit within four weeks as to when, where and how the appellant nos.1, 8, 9, 10 and 13 have died.

List this appeal after filing of the said affidavit. It is made clear that if the appellant fails to file the said affidavit within four weeks, this appeal shall stand dismissed without further reference to the Bench.

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