Pradeep Kumar Agarwal vs Ujjal Das & Ors
2024 Latest Caselaw 4917 Jhar

Jharkhand High Court

Pradeep Kumar Agarwal vs Ujjal Das & Ors on 6 May, 2024

Author: Gautam Kumar Choudhary

Bench: Gautam Kumar Choudhary

IN THE HIGH COURT OF JHARKHAND AT RANCHI
             S. A. No. 136 of 2022

Pradeep Kumar Agarwal                             ....    ....         Appellant
                        Versus
Ujjal Das & Ors.                                  ....   ....        Respondents
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CORAM: HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY

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For the Appellant : Mr. Manjul Prasad, Sr. Advocate For the Respondents : Mr. S.K. Sharma, Advocate

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Oral Order 06 / Dated : 06.05.2024

I.A. No. 3375 of 2024 Heard learned counsel for the appellant in this interlocutory application which has been filed for deleting the name of respondent no. 2-Purnima Das who died on 20.03.2024 during pendency of the appeal.

Learned counsel for the appellant has submitted that the legal heirs of deceased respondent no. 2 are already on record as respondent nos. 3 and 4.

Under the circumstances, I.A. No. 3375 of 2024 is allowed. Let the name of respondent no. 2 be deleted from the cause title of the appeal. Office is directed to make necessary correction in the cause title of the memo

of appeal.

Heard learned counsel for the appellant in this interlocutory application which has been filed under Order XLI Rule 5 of CPC for stay of the execution proceeding.

The appellant is the defendant and the suit was filed by respondent no. 1 for declaration of right, title and interest over the suit property and for confirmation of possession over the suit land, which they claim by virtue of sale deed No. 6147/1987 executed by Hari Shankar and others. Learned trial court partly decreed the suit with respect to Plot Nos. 60, 61 and 65.

The appeal was preferred by the plaintiff and the suit was decreed with respect to entire suit land comprising of an area of 22 Bigha, 2 Katha and 6 Dhurs along with standing trees on it.

The appellant has preferred the second appeal against the judgment passed by learned First Appellate Court. The main grievance of the appellant is with regard to judgment and decree with respect to Plot Nos. 59, 63 and 63/268 which was decreed by learned First Appellate Court in favour of the Plaintiffs. Put up this case on 13.05.2024.

In the meantime, the Execution Case No. 12/2023 pending in the court of Civil Judge, Sr. Division-III, Rajmahal, is stayed till next date.

(Gautam Kumar Choudhary, J.) AKT/Satendra

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