Govind Rao And Others vs Kishundeo Rout And Others
2025 Latest Caselaw 2953 Jhar

Jharkhand High Court

Govind Rao And Others vs Kishundeo Rout And Others on 27 February, 2025

Author: Anubha Rawat Choudhary

Bench: Anubha Rawat Choudhary

                IN THE HIGH COURT OF JHARKHAND AT RANCHI

                             Second Appeal No. 151 of 2022

                Govind Rao and others                          ...     ...      Appellants
                                    Versus
             Kishundeo Rout and others          ...        ...      Respondents
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CORAM :HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY

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For the Appellants : Mrs. Bakshi Vibha, Advocate For the Respondents : Mr. Arvind Kr. Choudhary, Advocate

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06/27.02.2025 Heard the learned counsel appearing on behalf of the appellants.

2. The learned counsel for the appellants has placed the entire plaint and has submitted that neither any foundational pleading in connection with declaration of adverse possession of the plaintiffs nor there is any relief prayed by the plaintiffs seeking adverse possession and therefore, the learned appellate Court has completely misdirected itself while framing an issue in connection with adverse possession of the plaintiffs and deciding the same in favour of the plaintiffs. The learned counsel submits that the adverse possession has been declared only in connection with schedule -B property.

3. The learned counsel for the appellants has also submitted that so far as the relief prayed for in the plaint with regard to declaring the sale-deed dated 03.02.1997 as invalid is concerned, the same has already been decided in favour of the defendant and such plea has been rejected.

4. The learned counsel for the appellants has also placed the appellate Court's judgment.

5. In order to respond to the arguments advanced by the learned counsel for the appellants, the matter is adjourned at the request of the respondents to be taken up tomorrow i.e. on 28th February 2025 as the first case at 10.30 a.m.

6. Let this matter be treated as part-heard.

(Anubha Rawat Choudhary, J.) Pankaj