Smt. Geeta Devi vs Bimal Kumar Kandhway & Anr
2023 Latest Caselaw 3713 Jhar

           IN THE HIGH COURT OF JHARKHAND AT RANCHI
                     S.A. No. 77 of 2018
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Smt. Geeta Devi .... .... .... Appellant Versus Bimal Kumar Kandhway & Anr. .... .... .... Respondents

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Coram: HON'BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA

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For the Appellant : Mr. Sudhir Kumar Sharma, Advocate : Mr. Munna Lal Yadav, Advocate

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Order No. 09 Dated- 04.10.2023 This appeal shall be heard on the following substantial question of law:-

1. Whether the learned appellate court while affirming learned trial court judgment and decree committed serious error of law as it completely failed to appreciate that defendant no. 2/ appellant is a bonafide purchaser having no knowledge of Partition suit No. 246/98/25/03 and entitled to protection under section 41 of the Transfer of Property Act?

2. Whether the learned appellate court while affirming judgment and decree committed serious error of law as it failed to appreciate that T.S. 6/2006 was not maintainable and barred by limitation in view of admission of the PW 1 (plaintiff) who in para 42 of the cross-examination has admitted that the sale deed dated 6.3.2002 (Exhibit - 1) was executed prior to preparation of decree in P.S. No. 246/98/25/03?

Hence, this appeal is admitted.

Call for lower court records.

Let notice be issued to respondents under registered cover with A/D as well as under ordinary process for which requisites etc. must be filed within two weeks.

Let this case be listed under the heading "For Hearing".

(Pradeep Kumar Srivastava, J.) Umesh/-