Dhirendra Kumar Pandey & Ors vs Smt. Shanti Devi & Anr
2025 Latest Caselaw 4005 Jhar

Jharkhand High Court

Dhirendra Kumar Pandey & Ors vs Smt. Shanti Devi & Anr on 17 June, 2025

           IN THE HIGH COURT OF JHARKHAND AT RANCHI
                           Second Appeal No. 04 of 2015
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Dhirendra Kumar Pandey & Ors. ... ... Appellants Versus Smt. Shanti Devi & Anr. ...... Respondents With Second Appeal No. 237 of 2014 Ahilya Devi ... ... Appellant Versus Smt. Shanti Devi & Ors. ...... Respondents

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CORAM: HON'BLE MR. JUSTICE PRADEEP KUMARSRIVASTAVA

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For the Appellants : Mr. Sanjay Kumar Tiwari, Advocate [in S.A. No. 237 of 2014] For the Respondents : Mr. Shailendra Kumar Tiwari, Advocate

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th Order No. 12/ Dated:17 June, 2025

1. The present second appeals have been preferred against the judgment and decree dated 29.09.2014 (decree signed on 11.11.2014) passed by learned Principal District Judge, Garhwa in Partition Appeal No.19 of 2010 whereby allowing the judgment and decree dated 10.07.2008 (decree signed on 25.07.2008) passed by learned Sub-Judge-I, Garhwa in Partition Suit No.45 of 2000, the partition appeal has been dismissed being devoid of merit.

2. The following substantial question of law arises in the present appeals:

(i) Whether the learned courts below committed perversity in not determining the share of Ahilya Devi or by not giving any finding regarding her share despite the specific pleading of the defendants that Dhanwarti Devi one of the co-sharer of the plaintiff transferred 1/3 share to Ahilya Devi?

3. Admit.

As the respondents are represented by the counsel who has put in appearance, notice need not be issued.

4. Call for the Trial Court record from the Court concerned.

5. List this case under the heading "For Hearing" after receipt of record.

(Pradeep Kumar Srivastava, J.) Arpit