Balram Mahaldar vs Most. Batia & Others
2025 Latest Caselaw 1346 Jhar

Jharkhand High Court

Balram Mahaldar vs Most. Batia & Others on 2 January, 2025

Author: Anubha Rawat Choudhary

Bench: Anubha Rawat Choudhary

                IN THE HIGH COURT OF JHARKHAND AT RANCHI

                             Second Appeal No. 346 of 2017

                Balram Mahaldar                                ...      ...    Appellant
                                          Versus
                Most. Batia & others                     ...      ...         Respondents
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CORAM :HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY

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For the Appellant : Mr. Rajeeva Sharma, Senior Advocate : Ms. Rita Kumari, Advocate For the Respondents : None

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11/02.01.2025 Learned counsel for the appellant is present.

2. In spite of service of notice, nobody has entered appearance on behalf of the respondent nos. 1, 2, 4 and 5.

3. By virtue of the order dated 16.02.2023, the appeal stood abated as against respondent no. 3.

4. Learned Senior counsel for the appellant prays for time to prepare himself in the case.

5. However, during the course of proceedings it appeared that the suit being Title Suit No. 3 of 2006 was filed seeking a declaration that the ex-parte decree passed in Title Suit No. 24 of 1989 was void, illegal, inoperative, without jurisdiction and against the provision of other law and was not binding upon the plaintiff. The learned trial Court has held that the suit itself was not maintainable. It has also been held that the judgment and decree passed in Title Suit No. 24 of 1989 was binding upon the plaintiff. The learned appellate Court upheld the judgment passed by the learned trial Court.

6. At the request of the learned Senior counsel for the appellant, post this case on 09th January 2025 under the heading "For Final Disposal" to be taken up at 02.15 p.m.

7. It is made clear no further adjournment will be granted.

(Anubha Rawat Choudhary, J.) Pankaj