Jamruddin Ansari vs Salamat Ansari
2025 Latest Caselaw 3082 Jhar

Jharkhand High Court

Jamruddin Ansari vs Salamat Ansari on 4 March, 2025

Author: Anubha Rawat Choudhary

Bench: Anubha Rawat Choudhary

                 IN THE HIGH COURT OF JHARKHAND AT RANCHI

                            Second Appeal No. 338 of 2016

            Jamruddin Ansari, S/o Late Gaffur Ansari, resident of Village:
            Karanji, P.O. Khatri Khatnga, P.S. Bero, District-Ranchi
                  ...      ...      ...      ...     Plaintiff/Respondent/Appellant
                                       Versus
            1. Salamat Ansari
            2. Safruddin Ansari
            3. Karamat Ansari
            4. Jahangir Ansari
            5. Mutanjir Ansari
               SI No. 1 to 5 all sons of Late Ememuddin Ansari
            6. Raseed Ansari
            7. Kalim Ansari
            8. Khalil Ansari
            9. Safique Ansari
               SI No. 6 to 9 all sons of Late Mehandi Ansari
            10.Abbas Ansari, S/o Late Gafur Ansari
            11.Mobrak Ansari
            12.Attaul Ansari
               Both sons of Late Ajmuddin Ansari
               SI No. 1 to 12 residents of Village-Kasanji, Khatri Khatanga, P.O.
               P.S. Bero, District-Ranchi ...
                         .... ..         Defendants/Appellants/Respondents
                                       ---

CORAM :HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY

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            For the Appellant          : None
            For the Respondents        : None
                                ---

13/04.03.2025         Nobody appears on behalf of the appellant.

2. This appeal has been filed against the judgment and decree dated 21.04.2016 (decree sealed and signed on 02.05.2016) passed by learned Additional Judicial Commissioner, XVIII, Ranchi whereby Title Appeal No. 44 of 2009 has been dismissed which was filed by the plaintiff/appellant and judgment and decree dated 28.02.2009 and 20.03.2009 respectively passed by learned Sub Judge-I, Ranchi in Partition Suit No. 140 of 2006 has been affirmed to some extent.

3. Records of the case reveal that in the order dated 04.08.2022 it was reported that respondent no. 10 has expired. Earlier this appeal was dismissed for non-prosecution vide order dated 19.02.2019 and was restored vide order dated 06.12.2019 passed in CMP No. 211 of 2019. After restoration the matter was taken up on 11.01.2023 and on that day the appellant had prayed for time which was allowed as a last chance. Thereafter the case was taken up on 28.03.2023 and appellant again prayed for time which was allowed subject to deposit of Rs. 1,000/- as cost.

4. Today, when the case is called out, nobody is appearing on behalf of the appellant. It seems that appellant is not interested in pursuing this case.

5. Accordingly, this appeal is dismissed for non-prosecution.

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

7. Let this order be communicated to the concerned court through FAX/e-mail.

(Anubha Rawat Choudhary, J.) Binit