Prabhat Tirkey vs Pravin Tirkey And Others
2025 Latest Caselaw 2152 Jhar

Jharkhand High Court

Prabhat Tirkey vs Pravin Tirkey And Others on 30 January, 2025

Author: Sanjay Kumar Dwivedi

Bench: Sanjay Kumar Dwivedi

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            IN THE HIGH COURT OF JHARKHAND AT RANCHI
                         S.A. No. 64 of 2024

        Prabhat Tirkey
                                                                 ......      Appellant
                            Versus
        Pravin Tirkey and others
                                                     ......    Respondents
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CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

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For the Appellants : Mr. P.A. S. Pati, Advocate For the Respondent-State : Mr. Shubham Gautam, A.C. to A.A.G.-V

04/Dated: 30/01/2025 Learned counsel for the appellant submits that title partition suit was

dismissed and the learned 1st Appellate Court has reversed the finding of the 1st

Court.

2. This appeal shall be heard on the following substantial question of

law:-

"Whether the judgment and decree passed by the learned 1st

Appellate Court is liable to set aside as the customary law of the members of

the scheduled tribe has been given a go by and whether the custom was validly

pleaded or proved or not ?"

"Whether judgment and decree passed by the learned 1st

Appellate Court is liable to set aside as the finding regarding partition of the

leasehold property is also unsustainable or not ?

"Whether the judgment and decree passed by the learned 1st

Appellate Court is liable to be set aside as it is mandatory that for seeking

partition all the properties have to be included ?

3. It is open to the parties to call upon the Court to frame further

substantial question of law at the time of final hearing of the second appeal.

4. Issue notice upon the respondent nos. 1 to 16 under registered

cover with A/D as well as by ordinary process for which requisites etc. must be

filed within two weeks.

5. Respondent no. 17 is Deputy Commissioner, East Singhbhum.

6. Learned A.C. to Mr. Achyut Keshav, A.A.G.-V will take instruction

on behalf of respondent no.17.

7. Let the name of Mr. Achyut Kesdhav, A.A.G.-V be reflected in the

cause list on behalf of respondent no.17.

8. Learned counsel for the appellants will serve two copies of memo

of appeal upon the learned counsel for the respondent no.17 by tomorrow.

9. Call for Trial Court Record.

( Sanjay Kumar Dwivedi, J.) Satyarthi/