Smt. Kabilash Devi & Ors vs Leelawati Devi & Ors
2023 Latest Caselaw 440 Jhar

IN THE HIGH COURT OF JHARKHAND AT RANCHI
                  S.A. No. 126 of 2018
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Smt. Kabilash Devi & Ors. .... .... .... Appellants Versus Leelawati Devi & Ors. .... .... .... Respondents

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CORAM: HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

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For the Appellant : Mr. Manoj Kr. Sah, Advocate

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Order No.05 Dated- 24.01.2023 I.A. No.8703 of 2019 This interlocutory application has been filed with a prayer to ignore the defect no.7 which is to the effect that the appellant no.4 in the first appellate court namely Most. Shanti wife of late Lakhan Sharma has not been impleaded as a party in this appeal.

It is next submitted that the appellant nos.9, 10 and 11 are all sons of appellant no.4 in the first appellate court. It is then submitted that though it has not been specifically mentioned in this interlocutory application but the appellants filed an application intimating the death of Most. Shanti wife of late Lakhan Sharma before the dismissal of Civil Appeal No.08 of 2014 in the court of Principal District Judge, Koderma but inadvertently, the name of the appellant no.4 has been mentioned in the impugned judgment and decree passed by the learned Principal District Judge, Koderma. Learned counsel for the appellant undertakes that he will get the decree passed by the learned first appellate court corrected in accordance with law and file a fresh certified copy.

In view of this submission, this interlocutory application is disposed of with a direction to the appellants to file a fresh certified copy after getting the impugned judgment and decree passed by the Principal District Judge, Koderma in Civil Appeal No.08 of 2014 corrected in accordance with law within twelve weeks, failing which, this appeal shall stand dismissed without further reference to the Bench.

This interlocutory application is disposed of accordingly.

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