Nabi Mian And Others vs Yakub Mian And Others
2025 Latest Caselaw 6725 Jhar

Jharkhand High Court

Nabi Mian And Others vs Yakub Mian And Others on 6 November, 2025

Author: Anubha Rawat Choudhary

Bench: Anubha Rawat Choudhary

        IN THE HIGH COURT OF JHARKHAND AT RANCHI

                    Second Appeal No. 216 of 2018

   Nabi Mian and Others                              ...      ...    Appellants
                                 Versus
   Yakub Mian and Others                             ...      ...    Respondents

                         ---

CORAM: HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY

---

     For the Appellants      : Mr. A. K. Sahani, Advocate
     For the Respondents     :
                         ---
    th
18/6 November 2025
   I.A. No. 7014 of 2025

1. This interlocutory application has been filed seeking substitution of proforma respondent nos. 3, 5 and 6 after setting aside abatement and condoning the delay.

2. Learned counsel for the appellants has submitted that Juman Mian, Muslim Mian and Basir Mian are performan respondent nos. 3, 5 and 6 in this appeal, who died in the year 2008, 03.11.2010 and 16.03.2008 respectively during the pendency of the Title Appeal, but the appellants in the Title Appeal did not take any steps for substitution and consequently, the appellate court's judgment and decree has passed on 04.09.2017 in connection with persons who were already dead. He submits that on this count itself, the appellate court's decree cannot survive.

3. The learned counsel for the appellants further submits that notices were issued upon the legal heirs and successors of proforma respondent nos. 3, 5 and 6 and as per the track report of speed-post, notices have been delivered, but nobody has entered appearance. He submits that the interlocutory application be allowed.

4. Considering the aforesaid submissions and the averments made in the interlocutory application I.A. No. 7014 of 2025 is hereby allowed.

5. However, it has to be considered as to whether the appellate court's judgment and decree would survive on account of the fact that the aforesaid proforma respondents had expired during the pendency of the Title Appeal.

6. I.A. No. 1839 of 2023 seeking condonation of delay of 117 days in preferring this appeal is also allowed.

7. As per order dated 16.04.2025, notices have been validly served upon respondent nos. 1, 2 and 4, but nobody has entered appearance.

8. Office is directed to place this case under appropriate heading on 26.11.2025.

9. Interim order dated 11.09.2025 is directed to continue till 26.11.2025.

(Anubha Rawat Choudhary, J.) Mukul/-