J.D. Kumar & Sons vs Jijaya Thacker
2025 Latest Caselaw 683 Jhar

Jharkhand High Court

J.D. Kumar & Sons vs Jijaya Thacker on 10 July, 2025

Author: Anubha Rawat Choudhary

Bench: Anubha Rawat Choudhary

                                                                     2025:JHHC:18625




                IN THE HIGH COURT OF JHARKHAND AT RANCHI

                                  S.A. No. 205 of 2016

                1. J.D. Kumar & Sons, a proprietorship firm, having its office at
                Bankmore, P.O. & P.S. & District Dhanbad, through one of it's
                partner Shri Sanjiv Arya, son of Late Brahm Prakash Arya, resident of
                Sita Niwas, Telephone Exchange Road, P.O. Dhanbad, P.S.
                Bankmore, District Dhanbad.
                2. Sanjiv Arya.
                3. Rajeev Arya.
                Both are the sons of Late Brahm Prakash Arya, by faith- Hindu, by
                occupation -Business, and are the residents of Sita Niwas, Telephone
                Exchange Road, P.S. Bankmore, P.O. & District - Dhanbad.
                                    ...     ...     Defendants/Appellants/Appellants
                                          Versus

            1. Jijaya Thacker, Wife of Late Dilip S. Thacker.
            2. Nitin Kumar Thacker.
            Son of Late Dilip S. Thacker
            Both are the residents of Bankmore, P.S. Bankmore, P.O. & District -
            Dhanbad.
            3. Gita Thacker, Wife of Mukesh Thacker, resident of Shyam Sunder
            Apartment, Ward No. 6, Basti Road, P.S. & P.O. Barbil, district-
            Keonjhar, Orissa.
            4. Ila Sethia, Wife of Mukesh Sethia, resident of Bankmore, P.S.
            Bankmore, P.O. & District- Dhanbad.
                                                   ...       ...      Respondents
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CORAM :HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY

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For the Appellants : Ms. Neeharika Mazumdar, Advocate For the Respondents : Mr. Himanshu Kr. Mehta, Advocate : Ms. Shrestha Mehta, Advocate : Mr. Vidhan Kr. Singh, Advocate

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10/10.07.2025 Learned counsel for the parties are present.

2. This second appeal has been filed against the judgment and decree dated 28.01.2016 (decree signed on 12.02.2016) passed by the learned District Judge-V, Dhanbad in Title Appeal No. 187 of 2009 whereby the learned 1st appellate court dismissed the appeal and upheld the judgment and decree dated 08.09.2009 (decree signed on 08.10.2009) passed by learned Sub Ordinate Judge-V, Dhanbad in Title (Eviction) Suit No. 85 of 1996.

3. Learned counsel for the appellants seeks permission to withdraw this appeal.

2025:JHHC:18625

4. Learned counsel for the respondents has no objection to withdrawal of this appeal.

5. Accordingly, this second appeal is dismissed as withdrawn.

6. Pending interlocutory application, if any, is closed.

7. Let this order be communicated to the learned court concerned through 'FAX/email'.

(Anubha Rawat Choudhary, J.) Pankaj