Jharkhand High Court
Raj Kumar Sao & Ors vs Savitri Kunwar & Ors on 24 January, 2023
IN THE HIGH COURT OF JHARKHAND AT RANCHI
M.A. No. 248 of 2020
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Raj Kumar Sao & Ors. .... .... .... Appellants
Versus
Savitri Kunwar & Ors. .... .... .... Respondents
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CORAM: HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
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For the Appellants : Mr. Sanjay Kr. Tiwari, Advocate
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Order No.04 Dated- 24.01.2023
I.A. No.422 of 2021
Heard the parties.
Learned counsel for the appellants submits that this
interlocutory application has been filed with a prayer to grant leave to
the appellants to prefer this appeal against the impugned judgment
and award.
It is next submitted that stamp reporter has raised an objection
that the appellants of this appeal were not parties in the learned court
below. It is then submitted that the appellants have preferred this
appeal against the judgment dated 21.04.2017 passed in Probate Case
No.03 of 2013 by the Principal District Judge, Garhwa behind the back
of the petitioners as they were not made parties in the said probate
case; ignoring the mandatory provisions under Section 283 of the
Indian Succession Act and also in view of settled principle of law that
the persons having caveatable interest be made parties to a probate
proceeding. It is further submitted that the land of Khata No.55 and 56
of area 15.05 acres of village Dandai was recorded in the name of
Akhaj Sao and the land of khata no.24 in total area of 11.52 acres of
village Baila Jhakhra was recorded in the name of Doma Sao who was
the father of Akhaj Sao. It is then submitted that Akhaj Sao has four
sons namely Arjun Sao and three others and Arjun Sao died issueless
in the state of jointness in the year 1935 and thereafter, his widow
Kaushalya Devi remarried her devar Ayodhya Sao. Thus, the entire
interest of Arjun Sao in the undivided joint property devolved upon
his surviving brothers Chhaban Sao, Mahabir Sao and Ayodhya Sao
relating to the land in respect of which the Will was executed by the
testator and the appellant are descendants of Chhaban Sao, Mahabir
Sao and Ayodhya Sao. Hence, it is submitted that the appellants be
granted leave to prosecute the appeal.
Considering the aforesaid facts, the prayer is allowed.
The appellants are permitted to prosecute this appeal subject to
the condition that they will be bound by the judgment which will be
passed in this appeal.
This interlocutory application is disposed of accordingly.
(Anil Kumar Choudhary, J.)
M.A. No. 248 of 2020
Heard the parties.
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 four 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.)
