Ram Lakhan Dasoundhi Aged About 51 Years vs Badri Nath Roy
2025 Latest Caselaw 1823 Jhar

Jharkhand High Court

Ram Lakhan Dasoundhi Aged About 51 Years vs Badri Nath Roy on 20 January, 2025

Author: Anubha Rawat Choudhary

Bench: Anubha Rawat Choudhary

                 IN THE HIGH COURT OF JHARKHAND AT RANCHI

                             Second Appeal No. 101 of 2021

                      Ram Lakhan Dasoundhi aged about 51 years, son of Late
                      Jaleshwar Dasoundhi, Resident of Village Dantu, P.O. Dantu,
                      P.S. Kasmar, Dist. Bokaro
                                  ...      ...    Plaintiff/Respondent/Appellant

                                    Versus
                  Badri Nath Roy, son of Late Gulab Dasoundhi, Resident of
                  Village Dantu, P.O. Dantu, P.S. Kasmar, District Bokaro
                        ...      ... Defendant/Appellant/Respondent
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CORAM :HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY

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For the Appellant : Mr. Pranav Kumar, Advocate

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08/20.01.2025 Heard the learned counsel appearing on behalf of the appellant.

2. Learned counsel for the appellant submits that the appellant is the plaintiff and the suit was decreed in favour of the plaintiff but the appellate court has reversed the decree without discussing the findings and the reasons assigned by the learned Trial Court. He has submitted that the learned Appellate Court has not decided the appeal in terms of Order 41 rule 31 of CPC. The learned counsel has submitted that the learned Trial Court clearly held that there was no unity of title and unity of possession over the suit land and there was no jointness in the possession by the ancestors of the parties and that they were in separate mess, worship and cultivation, but this finding has been reversed by the learned Appellate Court.

3. Considering the submissions made and having gone through the impugned judgments, this second appeal is admitted for hearing on the following substantial question of law:-

"Whether the learned Appellate Court erred in law while deciding the appeal in terms of the provisions of Order 41 Rule 31 of CPC while reversing the judgment and decree of the learned Trial Court ?"

4. Issue notice to the sole respondent for which requisites etc. under speed post as well as ordinary process be filed before this court by 27.01.2025.

5. Call for the records from the concerned court.

6. Let this order be communicated to the court concerned through FAX/e-mail.

7. Office to track speed post-delivery.

8. Post this case on 27.02.2025 in the supplementary cause list.

(Anubha Rawat Choudhary, J.) Binit