Krishna Mistry vs Biran Mahto
2024 Latest Caselaw 5675 Jhar

Jharkhand High Court

Krishna Mistry vs Biran Mahto on 12 June, 2024

Author: Sanjay Prasad

Bench: Sanjay Prasad

           IN THE HIGH COURT OF JHARKHAND AT RANCHI
                            C.M.P. No. 935 of 2023
                                      ....

1. Krishna Mistry

2. Bishun Mistry

3. Shankar Mistry

4. Kalawati Devi @ Kalwati Devi

5. Ramchandra Mistry

6. Ramswarath Mistry ......Petitioners Versus

1. Biran Mahto

2. Jitan Mahto ......Opp. Parties

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CORAM: HON'BLE MR. JUSTICE SANJAY PRASAD

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For the Petitioners : Mr. Sushil Kumar Sharma, Advocate For the Opp. Parties :

......

I. A. No. 83 of 2024

05/12.06.2024 I. A. No. 83 of 2024 has been filed on behalf of the petitioners for removing the defect no. 9 by which the Stamp Reporter/Office is directed to implead the respondent no. 1 as a party in this case.

2. It is submitted that respondent no. 1 namely Smt. Sumitri Devi wife of Late Makhiran Mistry had died in the month of May 2023 and hence, she has not been made party in the instant C.M.P No. 935 of 2023.

3. It is further submitted that all the legal heirs and successors of Late Sumitri Devi have been impleaded as respondent nos. 2 to 5 in connected case in S. A. No. 279 of 2004.

4. In view of the submission made above, defect no. 9 stands ignored.

5. I. A. No. 83 of 2024 is allowed and stands disposed of.

6. It appears that final judgment has been passed in S. A No. 279 of 2004 and C.M.P No. 935 of 2023 has been filed for correction of certain typographical error in the judgment dated

03.11.2022 passed in S. A No. 279 of 2004 passed by Justice Anil Kumar Choudhary.

7. Under the circumstances, office is directed to place C.M.P No. 935 of 2023 before an Appropriate Bench with the permission of Hon'ble Acting Chief Justice.

(Sanjay Prasad, J.) Kamlesh/Avinash