Bhagwati Devi & Ors vs Jinni Devi & Ors
2023 Latest Caselaw 4153 Jhar

     IN THE HIGH COURT OF JHARKHAND AT RANCHI
                S.A. No.37 of 2021
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Bhagwati Devi & Ors. .... .... .... Appellant(s) Versus Jinni Devi & Ors. .... .... ....Respondent(s)

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Coram: HON'BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA

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For the Appellants : Mr. Vishal Kumar Tiwary, Advocate Mr. Abhishek Kumar, Advocate For the Respondents :

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Order No.07 Dated- 06.11.2023

1. This appeal will be heard on following substantial question of law:-

(i) Whether the learned trial court has recorded findings on vital issues ignoring the settled principles of law of this bench and arrived at wrong conclusion?

(ii) Whether the appellate Court has also failed to follow the prescribed procedure under order 41 rule 31 of C.PC and without framing any specific points of this view and appreciation of order in accordance with law as committed by perversity?

2. Admit.

3. Call for Lower Court Records.

4. Let notice be issued to the respondents at the present and correct address by ordinary process as well as through registered post with A/D, for which requisites etc. must be filed within a period of two weeks by the appellant.

5. Let this case be listed under the heading "For Hearing" on appearance of respondents or on receipt of the service report. I.A. No.2870 of 2023 The appeal has been filed against the judgment and decree dated 30.01.2021 passed by the learned District Judge VII, Deoghar dismissing Civil Appeal No.28 of 2009 and confirming the Judgment and Decree dated 29.03.2019 passed by learned Civil Judge(Senior Division) decreeing the Title Suit No.16 of 2004 on absolutely irrelevant consideration of the materials on record.

2. Learned counsel for the appellants has submitted that the appellant is also in possession of the property and for his eviction delivery of possession has been issued by the learned Execution Court.

It is further submitted that the appellants shall suffer substantial loss and inquiry, if the respondents succeed in taking possession of the suit premises during the pendency of the above appeal. Hence, the further proceeding of Execution Case No.05 of 2021 may remain stayed till further order.

3. Considering the above facts, further proceedings of Execution Case No.05 of 2021 pending before the Court of learned Civil Judge(Senior Division)-I at Deoghar shall remain stayed till the appearance of respondents.

4. Accordingly, I.A. No.2870 of 2023 stands disposed of

(Pradeep Kumar Srivastava, J.) Pappu/