Baleshwar Mahto And Another vs Koda Mahto And Others
2025 Latest Caselaw 2155 Jhar

Jharkhand High Court

Baleshwar Mahto And Another vs Koda Mahto And Others on 30 January, 2025

Author: Sanjay Kumar Dwivedi

Bench: Sanjay Kumar Dwivedi

                                                   1

                  IN THE HIGH COURT OF JHARKHAND AT RANCHI
                               S.A. No. 86 of 2024

             Baleshwar Mahto and Another
                                                                            ......     Appellants
                               Versus
             Koda Mahto and others
                                                              ......     Respondents
                          ---------

CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

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       For the Appellants         : Mr. B.V. Kumar, Advocate
       For the Respondents      :

       06/Dated: 30/01/2025

Learned counsel for the appellants submits that suit was decided in favour

of the appellants however the learned 1st Appellate Court reversed the judgment and

dismissed the suit.

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

"Whether the learned 1st Appellate Court was justified in reversing the

finding of the trial court without looking into the pleadings of the parties and

evidences on record especially when the plaintiffs claimed their right, title and interest

and possession over the suit land by virtue of a registered sale deed no. 10080 dated

19.07.1960 (Exhibit-1) disclosing specific boundary thereof which fact has been

admitted by Hemlal Mahto, defendant no. 4 in his deposition and thereby

contradicted their stand taken in para 1 and 10 of the written statement with respect

to the boundary of land said to have been settled by virtue of Hukumnama ?"

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 11 under registered cover

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

two weeks.

5. Call for Trial Court Record.

( Sanjay Kumar Dwivedi, J.) Satyarthi/