Jharkhand High Court
Fulwa @ Prema Mostt vs Arjun Rana on 27 January, 2025
Author: Anubha Rawat Choudhary
Bench: Anubha Rawat Choudhary
IN THE HIGH COURT OF JHARKHAND AT RANCHI
S.A. No. 209 of 2018
1. Fulwa @ Prema Mostt., age 43 years, wife of Late Naresh Singh
2. Ravindra Singh, age 27 years
3. Sachindra Singh, age 21 years
Both sons of Late Naresh Singh
4. Maya Devi, age 25 years
5. Mamta Devi, age 23 years
Both daughters of Late Naresh Singh
6. Kedar Singh, age 53 years, son of Late Horil Singh
7. Ramu Singh, age 50 years, son of Late Horil Singh
8. Upendra Singh, age 44 years, son of Mahesh Singh
All residents of Village Karso, P.S. Barhi, District Hazaribagh
(Jharkhand) ... ... Defendants/Appellants/Appellants
Versus
1. Arjun Rana
2. Ramdas Rana
3. Aditya Rana
4. Bijendra Rana
(1) to (4) all sons of Late Mohan Rana, residents of Village - Karso,
P.O. & P.S. Barhi, District Hazaribag
5. Mostt. Sarshiwa @ Sarshwati Devi, daughterof Late Mohan Rana,
Wife of Late Shambhu Rana, resident of village Mangura, P.O.
Kariyatpur, P.S. Ichak, District Hazaribag
... ... Plaintiffs/Respondents/Respondents
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CORAM: HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY
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For the Appellants : Mr. Ayush Aditya, Advocate
For the Respondent :
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th
07/27 January 2025
1. Heard the learned counsel appearing on behalf of the appellants.
2. It is submitted that the original sale deed dated 10.01.1947 was
produced by the plaintiffs before the trial court which was marked
Exhibit-1/A and its certified copy was produced before the appellate court
by way of additional evidence at the appellate stage which was marked as
Exhibit-F. He submits that in the sale deed dated 10.01.1947 as well as in
its certified copy-Exhibit-F, Khata No. is 122 and the suit Khata No. is
121. He submits that the appellate court has failed to consider this aspect
of the matter and therefore the judgment passed by the learned appellate
court is perverse.
3. The learned counsel for the appellants has referred to substantial
question No. IV framed by the appellants. He submits that the appeal be
admitted, notice be issued and the records be called for from the
concerned court.
4. Considering the aforesaid submissions and having gone through the
appellate court's judgment, this appeal is admitted for hearing on the
substantial question No. IV as framed by the appellants: -
IV. Whether the judgment of the learned courts below is
vitiated for irrelevant consideration of the Exhibit-F [
which is certified copy of sale deed dated 10.01.1947] from
which it is evident that Khata Number mentioned in the sale
deed is 122 and the suit Khata No. is 121 and therefore, the
finding of the courts in relation to Exhibit-F are perverse?
5. Let notice be issued to the respondent Nos. 1 to 5 in the main
appeal as well as in the interlocutory application for which requisites
under ordinary process as well as registered cover with A/D be filed by
10.02.2025.
6. Let the records be called for from the concerned court.
7. Post this case on 27.02.2025 for 'Final Disposal' in the
supplementary cause list.
8. Let this order be communicated to the courts concerned through
FAX/e-mail.
(Anubha Rawat Choudhary, J.)
Mukul
