Anil Kumar Mandal & Another vs Maheshwar Prasad Singh & Others
2024 Latest Caselaw 9897 Jhar

Jharkhand High Court

Anil Kumar Mandal & Another vs Maheshwar Prasad Singh & Others on 14 October, 2024

Author: Anil Kumar Choudhary

Bench: Anil Kumar Choudhary

IN THE HIGH COURT OF JHARKHAND AT RANCHI
                  S.A. No.202 of 2020
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Anil Kumar Mandal & Another .... .... .... Appellants Versus Maheshwar Prasad Singh & Others .... .... .... Respondents

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CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

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For the Appellants : Mr. Indrajit Sinha, Advocate Ms. Puja Agarwal, Advocate For the Resp. No.2 : Mr. Ramchander Sahu, Advocate

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Order No:-09 Dated:-14-10-2024 Heard the parties.

This appeal will be heard on the following substantial questions of law:-

(i) Whether the learned first appellate court has committed perversity by decreeing the suit entirely that includes the prayer for confirmation of possession of the plaintiffs over the suit land; even though it held in paragraph-

13 (xvi) of the impugned judgment, that the ancestor of the defendants- Upendra Nath Mandal was in possession and thereby the corollary is that the defendants have been in possession and without there being any finding that the plaintiffs have been in possession of the suit land, the suit for confirmation of the possession of the plaintiffs over the suit land ought not have been allowed?

(ii) Whether the learned first appellate court has committed a grave illegality by not mentioning the reliefs granted by it specifically and by making a general observation that "the suit of the plaintiff are hereby allowed"?

Admit.

Call for the lower court records.

Perusal of the record reveals that this appeal has already abated against the respondent No.2 in view of the order passed by this Court vide order dated 09.02.2023.

Mr. Ramchander Sahu-Advocate, receives notice of this appeal on behalf of the respondent No.1.

Issue notice to the respondent Nos.3 to 10. The appellants are directed to file requisites for service of notice upon the respondent Nos.3 to 10 by registered post with A/D as well as under process of the court within a week failing which; this appeal shall stand dismissed without further reference to the Bench.

Rule is made returnable within six weeks. Learned counsel for the respondent No.1 prays for four weeks' time to file reply to Interlocutory Application No.220 of 2023.

Prayer for time is allowed as the last chance. List this appeal after receipt of the service report of the notice upon the said respondents.

Animesh/                             (Anil Kumar Choudhary, J.)