Jharkhand High Court
Sah Araf Equbal vs Sah Abu Nazar Iqbal S/O Late Sah Manjar ... on 12 January, 2024
Author: Sujit Narayan Prasad
Bench: Sujit Narayan Prasad
1
IN THE HIGH COURT OF JHARKHAND AT RANCHI
C.M.P. No. 768 of 2023
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1. Sah Araf Equbal, s/o late Sah Md. Haleem aged about 74 years
2. Sah Manjar Equbal, s/o Late Sah Abdul Kadir Yatimi aged about 61
years.
3. Sah Irafad Equbal, s/o Sah Halim Iqbal aged about 38 years,
4. Sah Imran Equbal, s/o late Sah Halim Iqbal aged about 36 years, all
resident of Bilasi Town, P.O. B. Deoghar, P.S. Deoghar (Town), District-
Deoghar.
... ... Petitioners
Versus
1. Sah Abu Nazar Iqbal S/o Late Sah Manjar Iqbal
2. Sanjari Khatoon W/o Late Sah Manjar Iqbal
3. Hena Parween D/o Late Sah Manjar Iqbal all resident of Nilkanthpur,
within ward No.8 of Deoghar P.O.-Bilasi P.S.- Deoghar(T), Dist.-
Deoghar.
... ... Plaintiff /Appellant/Respondents
4. Irshad Eqbal @ Hiru S/o Late Sah Muzaffar Eqbal.
5. Ruman Eqbal D/o late Sah Muzaffar Eqbal.
6. Sogra Banu D/o late Sah Md. Halim Widow of Sah Imam.
7. Nasra Banu, D/o Late Sah Md. Halim widow of Abdul Matin.
8. Sakina Fatma, D/o Late Sah Abdul Qadir Atimi
9. Sayeeda Fatma, D/o late Sah Abdul Qudir Atimi.
10. Kanisa Fatma, D/o late Sah Abdul Qudir Atimi W/o Md. Sohrab.
Respondent No.4 to 6 are resident of village-Nilkanthpur, @ Noorpur within
ward No. 8 of Deoghar Municipality, P.O. Bilasi, P.S. Deoghar Twon, Dist-
Deoghar. Respondent No.7 resident of village- Mandatanr, P.O. Mahesh
Munda, P.S. Bengabad, Dist- Giridih, at present residing at village-+Post
Dhundadih, P.S. Andal, Dist- West Bengal, Respondent No. 8 resident of
Hindpiri, P.O. P.S. Hindpiri, Dist-Ranchi, Respondent No. 9 resident of
Azad Bastee Qr No. 58 Mango Jamshedpur Road, Chuna Sah Colony, P.O.
Azad Nagar, Mango, Dist- Jamshedpur, respondent No. 10 resident of
village-Nilkanthpur, @ Noorpur within ward No. 8 of Deoghar
Municipality, P.O. Bilasi, P.S. Deoghar Twon, Dist-Deoghar.
... ... Defendant/Respondent/Respondents
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CORAM: HON'BLE MR. JUSTICE SUJIT NARAYAN PRASAD
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For the Petitioners : Mr. Lakhan Chandra Roy, Advocate
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th
03/Dated: 12 January, 2024
1. The instant petition has been filed under Article 227 of the Constitution of
India mainly under the power of superintendence since no order is under
challenge rather the relief sought for is to direct the appellate court to
decide the appeal which is lying pending being Civil Appeal No. 63 of
2019 arises out of Title Partition Suit No. 77 of 1993 in which the judgment
and decree was passed on 10.01.2010.
2. It has been contended that on the ground of pecuniary jurisdiction the
matter being sub-judice before this Court, the aforesaid appeal has been
transferred to the court at Deoghar on 27.06.2019 and since then, the appeal
is lying pending and the date is being granted for keeping the matter under
hearing.
3. Learned counsel for the petitioners, who is defendant to the appeal, has
submitted that the plaintiff to the suit has claimed partition over the
property in question but the decree has been passed disclaiming his title
over the property in question against which the appeal has been filed and he
is enjoying the property.
4. Learned counsel for the petitioners on the aforesaid pretext has submitted
that appropriate direction may be passed upon the appellate court to decide
the appeal at an early date.
5. This Court, has heard the learned counsel for the petitioners and
considering the prayer made in the instant petition for early disposal of the
appeal, is of the view that the instant petition is required to be disposed of
without issuing notice to the opposite parties since the only direction has
been sought is for early disposal of the appeal by appending the copy of the
order sheet wherefrom it is evident that the matter is being posted for
hearing.
6. This Court fails to appreciate that why the case is being lingering by
adjourning the matter for hearing and why the hearing is not being
concluded at an early date.
7. Considering the fact that the direction for early disposal of the appeal has
been sought for which is lying pending since 2019, as such, this Court is of
the view that the appeal is to be decided at an early date.
8. Accordingly, the appellate court is directed to dispose of the appeal, being
Civil Appeal No. 63 of 2019, within a period of four months from the date
of receipt of copy of the order.
9. Accordingly, the instant petition stands disposed of.
10. The disposal of this petition will not prejudice the case of the parties and
the appellate court is required to decide the appeal strictly on its merits.
(Sujit Narayan Prasad, J.)
Saurabh/-
