Sapna Das And Ors vs Shib Nandan Prasad Singh And Ors
2025 Latest Caselaw 4636 Jhar

Jharkhand High Court

Sapna Das And Ors vs Shib Nandan Prasad Singh And Ors on 8 April, 2025

Author: Anubha Rawat Choudhary

Bench: Anubha Rawat Choudhary

                 IN THE HIGH COURT OF JHARKHAND AT RANCHI

                                   S.A. No. 32 of 2023

                     Sapna Das and Ors.                      ...     ...      Appellants
                                         Versus
                     Shib Nandan Prasad Singh and Ors.         ...        Respondents
                                         ---

CORAM :HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY

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                For the Appellants       : Mr. Vijay Shanker Jha, Advocate
                                         : Mr. Birendra Kumar, Advocate
                For the Respondents      :
                                         ---
14/08.04.2025          The learned counsel for the appellants submits that the learned

first appellate court while reversing the judgement and decree of the

trial court has failed to appreciate the provisions of Section 4 of the

Partition Act, 1893 and also Section 44 of Transfer of Property Act,

1882 inasmuch as the property involved in this case is a dwelling

house of joint family.

2. The learned counsel has also referred to the judgement passed

by Hon'ble Supreme Court reported in (1990) 2 SCC 117 (Dorab

Cawasji Warden Vs. Coomi Sorab Warden and Ors.).

3. Considering the submissions and having gone through the

impugned judgments, this second appeal is admitted for final hearing

on following substantial question of law:

"Whether the learned first appellate court while reversing the

judgement and decree passed by the learned trial court, has

failed to consider Section 44 of the Transfer of Property Act

and Section 4 of the Partition Act with respect to the dwelling

house involved in this case?"

4. Issue notice to the respondents, for which, requisites under

ordinary process be filed within a period of two weeks from today.

5. Let the records be called from the concerned court.

6. Post this case on 18.06.2025 in the supplementary cause list

awaiting service report and the records from the courts concerned.

7. Let this order be communicated to the concerned courts through

FAX/e-mail.

(Anubha Rawat Choudhary, J.) Saurav/