Bal Krishna Tirpathi vs Shri Krishna Tripathi & Ors
2023 Latest Caselaw 513 Jhar

IN THE HIGH COURT OF JHARKHAND AT RANCHI
                        F.A. No. 1 of 2022
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Bal Krishna Tirpathi .... .... .... Appellant Versus Shri Krishna Tripathi & Ors. .... .... .... Respondents

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CORAM: HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

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For the Appellant : Mr. Pandey Neeraj Rai, Advocate

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Order No.05 Dated- 31.01.2023 This appeal will be heard.

Admit.

Call for the copy of the Lower Court Records. Issue notice to the respondents.

The appellant is directed to file requisites for service of notice on the respondents 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 issued to the respondents.

(Anil Kumar Choudhary, J.)

I.A. No.866 of 2023 This interlocutory application has been filed with a prayer to stay the further proceedings in O.S. No. 71 of 2021 and operation of the judgment and order dated 28.08.2021.

It is submitted by the learned counsel for the appellant, drawing attention of this Court to the copy of the certified copy of the order dated 03.01.2023, passed by the Civil Judge (Sr. Division) -II-cum-L.A. Judge, Bokaro that in terms of the decree under appeal, the plaintiff has been asked to deposit cost of nominated survey knowing pleader commissioner and though he has no document but he has been instructed that the said cost has been deposited on 30.01.2023.

Since, it is known fact that considerable time is consumed for a survey knowing pleader commissioner to make the local investigation and to submit his report and as notice has already been issued to the respondents in this appeal and copy of the lower court record has been called for, so at this stage, this Court is not inclined to stay the further proceedings

of O.S. No. 71 of 2021 with liberty to the appellant to move the court again for stay after the survey knowing pleader commissioner submits its report. It is made clear that the trial court will continue with the final decree proceedings in accordance with law.

This interlocutory application stands disposed of accordingly. If the appellant deposits the transmission cost of this order by FAX as per law, then a copy of this order be transmitted to the court concerned by FAX.

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