Srimati Shivkumari Prasad vs Bihari Prasad
2025 Latest Caselaw 4418 Jhar

Jharkhand High Court

Srimati Shivkumari Prasad vs Bihari Prasad on 25 August, 2025

Author: Anubha Rawat Choudhary

Bench: Anubha Rawat Choudhary

                                                                         2025:JHHC:25184




                IN THE HIGH COURT OF JHARKHAND AT RANCHI

                                   S.A. No. 578 of 2016

            1. Srimati Shivkumari Prasad, wife of Late Shree Ram Prasad
            2. Amar Prakash Prasad, son of late Shree Ram Prasad
            3. Minor Haribansh Prasad, son of late Shree Ram Prasad
            4. Minor Rani Prasad
            5. Minor Shubh Kalyayani Prasad (deleted v/o dated 15.09.22)
               Serial no. 4 and 5 daughters of late Shree Ram Prasad
               Appellant no. 3 to 5 minor Represented through her mother Srimati
               Shiv Kumari Prasad
               Serial 1 to 5 at present are residents of 266/5, G.T. Road, Liluwa,
               P.O. & P.S.- Liluwa, Howrah- 711204 (West Bengal)
            6. Govind Prasad, son of late Hansraj Prasad (substituted v/o dated
               15.09.22)
            6(a) Sabitri Prasad w/o late Govind Prasad
            6(b) Ram Jatan Prasad s/o Late Govind Prasad
               Both R/o 53/20 Shantiram Rasta, Bally, Howrah, West Bengal.
               All residing at 24/6, Ram Charan Naskar Lane, Ghusuri, P.O. +
               P.S.- Ghusuri, Howrah (West Bengal).
                                ...     ...      Plaintiffs/ Respondents/Appellants
                                      Versus
            Bihari Prasad, son of late Hansraj Prasad, resident of Village-
            Ambagan, Mihijam, P.O. & P.S.- Mihijam, District- Jamtara.
                          ...       ...        Defendant/Appellant/Respondent
                                      ---

CORAM :HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY

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18/25.08.2025 Nobody appears on behalf of the appellant.

2. This second appeal has been filed against the judgment and decree dated 25.05.2016 (decree sealed and signed on 07.06.2016) passed by learned Principal District Judge, Jamtara in Title Appeal No. 64 of 2015 whereby the learned 1st appellate court allowed the appeal and set-aside the judgment and decree dated 03.10.2015 (decree sealed and signed on 16.10.2015) passed by learned Civil Judge-III (Senior Division), Jamtara in Title Suit No. 17 of 2004. The trial court had decreed the suit in favour of the plaintiffs.

3. On 10.04.2023, time by way of last chance was given to the appellants. Thereafter, the case was adjourned on 19.08.2023 at the request of the appellants upon payment of cost of Rs. 1,000/-. Thereafter, the case was again adjourned vide order dated 18.09.2024 upon payment of cost of Rs. 2000/-.

2025:JHHC:25184

4. This matter has remained pending since 20.10.2016 and repeatedly the matter has been adjourned. In such circumstances, this 2nd Appeal is dismissed for non-prosecution.

5. Pending interlocutory application, if any, is closed.

(Anubha Rawat Choudhary, J.) Pankaj