Amit Kumar & Ors vs Ghasni Devi & Ors
2023 Latest Caselaw 429 Jhar

IN THE HIGH COURT OF JHARKHAND AT RANCHI
                 S.A. No. 1 of 2020
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Amit Kumar & Ors. .... .... .... Appellants Versus Ghasni Devi & Ors. .... .... .... Respondents

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CORAM: HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

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For the Appellants : Mr. Tarun Kr. Mahto, Advocate

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Order No.05 Dated- 24.01.2023 I.A. No.6956 of 2022 Learned counsel for the appellants submits that this interlocutory application has been filed with a prayer to ignore the defect no.1, as pointed out by the stamp reporter. It is next submitted by the learned counsel for the appellants that the appellants are the bonafide purchasers of the suit land from the defendants of the original suit but they have neither been made party to the suit nor in the first appeal being Civil Appeal (Title Appeal) No. 65 of 2008. It is next submitted by the learned counsel for the appellants that the appellants, consequent upon purchase of the property have also filed Mutation Case and on the basis of the same, correction slip has been issued and the mutation has been done in their names and the appellants are paying rent to the government on regular basis. Hence, the appellants are the persons aggrieved for the purpose of preferring an appeal. It is next submitted that though it has not been specifically mentioned in the interlocutory application but the appellants undertake that they will not take any plea inconsistent with the pleas taken by the defendants of the suit and they will abide by the judgment and decree to be passed in this second appeal. Hence, it is submitted that the defect pointed out by the stamp reporter at serial no.1 be ignored.

Considering the facts and circumstances of the case as well as the submission made by the learned counsel for the appellants that the appellants will not take any plea inconsistent with the plea of the defendants and they will abide by the judgment passed in this second appeal, they are permitted to pursue this appeal as appellants and the defect pointed out by the stamp reporter at serial no.1 is ignored.

This interlocutory application is disposed of accordingly.

(Anil Kumar Choudhary, J.) S.A. No. 1 of 2020

Issue notice to the respondents in the matter of limitation. The appellants are directed to file requisites for service of notice on the respondents in the matter of limitation by registered post with A/D as well as under ordinary process within six 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 respondents.

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