Budhani Urain & Others vs Bhikhari Oraon & Others
2025 Latest Caselaw 3376 Jhar

Jharkhand High Court

Budhani Urain & Others vs Bhikhari Oraon & Others on 20 March, 2025

Author: Sanjay Kumar Dwivedi

Bench: Sanjay Kumar Dwivedi

                      IN THE HIGH COURT OF JHARKHAND AT RANCHI
                               S.A. No. 17 of 2024
               Budhani Urain & others                                ... Appellants
                                             -Versus-
               Bhikhari Oraon & others                               ... Respondents
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CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

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For the Appellants : Mr. Vibhor Mayank, Advocate For the State : Mr. Krishna Kumar Bhatt, A.C. to S.C.-I

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09/20.03.2025 Learned counsel for the appellants submits that this second appeal has been preferred against the judgment of reversal passed by the learned appellate court. He submits that the learned trial court has dismissed the suit, however, the learned appellate court has reversed the same and allowed the appeal.

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

(i) Whether the learned first appellate court has decided the appeal against the law laid down by the Hon'ble Supreme Court in the case of Laxmibai (Dead) through LRs and another v. Bhagwantbuwa (Dead) through LRs and others, reported in (2013) 4 SCC 97 particularly paragraphs 12 and 14 thereof? and

(ii) Whether the learned first appellate court had made substantial error of law by declaring the gift deeds in favour of Budhani Orain and Bichhiya Orain as illegal when the same was not even challenged by the plaintiffs in their plaint?

3. Call for the Trial Court Records.

4. Mr. Krishna Kumar Bhatt, learned A.C. to S.C.-I is present on behalf of respondent no.4, who is the Deputy Commissioner, Latehar. Learned counsel for the State will take instruction and assist the Court.

5. Issue notice upon respondent nos. 1 to 3 by ordinary process as well as registered post with A/D, for which, requisites etc. shall be filed within two weeks.

(Sanjay Kumar Dwivedi, J.) Ajay/