Pushan Mahto And Others vs Kamakhya Saw And Others
2025 Latest Caselaw 6901 Jhar

Jharkhand High Court

Pushan Mahto And Others vs Kamakhya Saw And Others on 17 November, 2025

Author: Anubha Rawat Choudhary

Bench: Anubha Rawat Choudhary

        IN THE HIGH COURT OF JHARKHAND AT RANCHI

                          S. A. No. 04 of 2004

   Pushan Mahto and Others                            ...        ...   Appellants
                                 Versus
   Kamakhya Saw and Others                            ...        ...   Respondents

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CORAM: HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY

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For the Appellants : Mr. Ayush Aditya, Advocate For the Respondents : Mr. K. K. Ambastha, Advocate

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th 20/17 November 2025 I.A. No. 13868 of 2025

1. This interlocutory application has been filed for substitution of appellant no. 2, namely, Rama Mahto, who is said to have expired on 15.03.2017 leaving behind the legal heirs and successors, whose details have been mentioned in paragraph 2 of the interlocutory application. A prayer has been made for condonation of delay and also for setting-aside abatement. The Vakalatnama on behalf of the legal heirs and successors of appellant no. 2 has already been placed on record along with the interlocutory application.

2. The learned counsel for the appellants has submitted that the second appeal was admitted on 17.05.2006 and remained pending for final hearing and when the matter was listed, the counsel contacted the appellants and came to know that appellant no. 2 has expired. He has also submitted that interest of appellant no. 2 is already represented by his own brothers, who are appellant nos. 1, 3 and 4 in this case.

3. Learned counsel for the respondents has opposed the prayer. However, he does not dispute that the matter has remained pending since 17.05.2006.

4. After hearing the learned counsel for the parties and being satisfied with the cause shown, I.A. No. 13868 of 2025 seeking substitution of

appellant no. 2 with a prayer for condonation of delay and setting-aside abatement, is hereby allowed.

5. Learned counsel for the appellants is directed to delete the name of appellant no. 2 from the cause title and insert the name of his legal heirs and successors in red ink during the course of the day.

6. The learned counsel for the appellants prays that the matter be listed in the next week for final disposal. The case is otherwise ready for disposal.

7. With the consent of the learned counsel for the parties, let this matter be listed on 24th November 2025 for 'Final Disposal' to be taken up as the first case at 10:30 a.m.

8. Learned counsel for the parties are directed to prepare their short synopsis of arguments and also file copies of the judgments which they seek to rely upon.

(Anubha Rawat Choudhary, J.) Mukul/-