Usha Kiran And Others vs Vinod Lakra And Others
2025 Latest Caselaw 1112 Jhar

Jharkhand High Court

Usha Kiran And Others vs Vinod Lakra And Others on 24 July, 2025

Author: Sanjay Kumar Dwivedi

Bench: Sanjay Kumar Dwivedi

                  IN THE HIGH COURT OF JHARKHAND, RANCHI
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S.A. No. 88 of 2024

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          Usha Kiran and Others               ...... ....        ...       Appellant(s)
                                       --    Versus --
          Vinod Lakra and Others              ...... ....        ...      Respondent(s)
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CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

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           For the Appellant(s)        :-     Mr. Amar Kumar Sinha, Advocate
           For the Respondent(s)       :-
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5/24.07.2025      This Second Appeal is said to be preferred against the judgment of

reversal by the learned first appellate court.

2. This Second Appeal shall be heard on the following substantial question of law:

"1. Whether in absence of any prayer by the defendants for cancellation of the sale deed executed and registered in favour of the plaintiff, the sale deed could have been held void ab-initio contrary to the provisions contained in Article 59 of the Limitation Act, 1963 or not?, and

2. Whether in a case where there has been no contravention of the provision contained in Section 49 of the Chotanagpur Tenancy Act the sale deed executed and registered in favour of the plaintiff could have been held void misconstruing the provisions contained in Section 49 of the Chotanagpur Tenancy Act or not?

3. Call for the Trial Court Records.

4. The respondent no.6 is Deputy Commissioner and in view of that

Mr. Amar Kumar Sinha, the learned counsel for the appellants will serve two

copies of the memo of appeal upon Mr. Ashutosh Anand, the learned AAG-III by

Monday i.e. by 28.07.2025.

5. Issue notice upon the respondent nos.1 to 5 by registered post with A/d

as well as under ordinary process for which requisites etc must be filed within a

week.

6. Let the name of Mr. Ashutosh Anand, the learned counsel be reflected in

the cause list on behalf of the respondent no.6.

( Sanjay Kumar Dwivedi, J.) SI/