Ashwa @ Aswa Devi vs Aryan Singh
2025 Latest Caselaw 7926 Jhar

Jharkhand High Court

Ashwa @ Aswa Devi vs Aryan Singh on 20 December, 2025

Author: Gautam Kumar Choudhary

Bench: Gautam Kumar Choudhary

                                                                               2025:JHHC:38417



             IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                    C.M.P. No. 1191 of 2025
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Ashwa @ Aswa Devi, wife of Jiblal Yadav, resident Village Baradih, P.O. & P.S. Chandwara, District Koderma, Jharkhand .... .... .... Petitioner Versus

1. Aryan Singh, son of Late Chetlal Singh

2. Bheem Singh, son of Late Chetlal Singh

3. Phulia Devi, wife of Late Chetlal Singh, all are residents of Village Baradih, P.O. & P.S. Chandwara, District Koderma, Jharkhand .... .... .... Opposite Parties

CORAM: HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY

For the Petitioner : Mr. Amit Kumar Chaturvedi, Advocate Mr. Akash Kumar Tiwari, Advocate For the Opp. Parties :

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Order No.02 / Dated : 20.12.2025 Petitioner is the defendant no.2 in Title Suit No.36 of 2014 passed by learned Additional Munsiff-I, Koderma which was filed for right, title and interest over the suit property and for a declaration that the sale deed executed by the defendant no.1 in favour of the petitioner was null and void. Learned trial Court decreed the suit on the ground that the defendant no.1 being the daughter-in-law of the plaintiff, had no right, title and interest over the suit property to transfer the land during the life time of her husband- Chetlal Singh, who was the son of the plaintiff.

2. Defendant no.2 preferred the Civil Appeal No.4/2022 against the impugned judgment and decree which has been dismissed as being barred by limitation filed under Section 5 of the Limitation Act, as no sufficient cause was assigned for condoning the delay of three years and three months.

3. Learned counsel on behalf of petitioner has failed to assign any sufficient cause for condonation of delay of more than three years in preferring the appeal.

4. Under the circumstance, I do not find any merit in the instant civil Miscellaneous Petition which is accordingly, stands dismissed. Pending Interlocutory Application, if any, is disposed of.

(Gautam Kumar Choudhary, J.) Anit

Uploaded 23.12.2025