Jharkhand High Court
The State Of Jharkhand Through The ... vs Krishna Singh @ Dr. Sri Krishna Singh And ... on 29 October, 2025
Author: Anubha Rawat Choudhary
Bench: Anubha Rawat Choudhary
IN THE HIGH COURT OF JHARKHAND AT RANCHI
S.A No. 94 of 2019
The State of Jharkhand through the Deputy Commissioner and another
... ... Appellants
Versus
Krishna Singh @ Dr. Sri Krishna Singh and others
... ... Respondents
With
S.A. No. 99 of 2019
Kumari Ratnakar ... ... Appellant
Versus
Krishna Singh @ Dr. Sri Krishna Singh and others
... ... Respondents
With
S.A. No. 114 of 2019
Tapas Pal & Ors. ... ... Appellants
Versus
Krishna Singh @ Dr. Sri Krishna Singh and others
... ... Respondents
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CORAM: HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY
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For the Appellants : Mr. Sanjay Kumar Tiwari, Advocate
[in S.A. No. 94 of 2019]
: Ms. Jasvindar Mazumdar, Advocate
[in S.A. No. 114 o 2019]
For the Resp. No. 1 : Mr. Manjul Prasad, Senior Advocate
[in all cases]
---
th
23/29 October 2025
I.A. No. 7303 of 2023 in S.A. No. 114 of 2019
1. This petition has been filed by stating that it is being filed on behalf
of the appellants seeking deletion of respondent no. 1 and saying that he
has no interest in the matter and he has been wrongly dragged in the case.
However, none of the counsels appearing on behalf of the parties seek to
press this interlocutory application.
2. Accordingly, I.A. No. 7303 of 2023 is hereby dismissed as not
pressed.
I.A. No. 11907 of 2025 in S.A. No. 94 of 2019
3. Learned counsel for the appellants has submitted that this
interlocutory application has been filed seeking substitution of respondent
no. 38, namely, Duryodhan Choudhary @ Duryodhan Prasad Choudhary,
who expired on 24.06.2022. The details of proposed legal heirs and
successors of respondent no. 38 have been mentioned in paragraph 1 of
this interlocutory application.
4. The Vakalatnama on behalf of proposed legal heirs and successors
of respondent no. 38 have already been filed through I.A. No. 4960 of
2024, who had filed their petition under Order XXII Rule 10-A read with
Section 151 of CPC.
5. Nobody is appearing on behalf of the proposed legal heirs and
successors of respondent no. 38, who have filed I.A. No. 4960 of 2024
along with Vakalatnama.
6. The learned counsel for the appellants in S.A. No. 94 of 2019 has
submitted that upon receipt of information, the interlocutory application
has been filed seeking substitution of respondent no. 38.
7. Considering the averments made in I.A. No. 11907 of 2025 and the
fact that the appeal has remained pending before this Court since 2019 and
the information about the death respondent no. 38 has been given through
I.A. No. 4960 of 2024, I.A. No. 11907 of 2025 seeking substitution of
respondent no. 38 is hereby allowed, delay is condoned and the abatement
is also set-aside.
8. Learned counsel for the appellants in S.A. No. 94 of 2019 is
directed to delete the name of respondent no. 38 from the cause title and
insert the name his proposed legal heirs and successors in red ink during
the course of the day.
S.A. No. 94 of 2019 with S.A. No. 99 of 2019 with S.A. No. 114 of 2019
9. Learned counsel for the parties jointly submitted that S.A. No. 94 of
2019 be taken up, in which respondent no. 39, who was not a party in the
proceeding before the learned 1st appellate court or before the revenue
authority, is also to be heard as per the earlier order passed by this Court.
They submit that if S.A. No. 94 of 2019 is decided, the other two appeals
will be automatically taken care of. It has also been submitted that in all
the three appeals, the impugned judgment is common.
10. The learned counsel for the appellants in S.A. No. 94 of 2019 has
also submitted that the petition seeking to rectify the record of rights was
itself barred by limitation and a title suit in connection with the two
registered sale deeds was also pending which has been referred to in the
impugned judgment also. He has referred to the judgment passed by this
Court in S.A. No. 89 of 2019 decided on 26.08.2025 and submits that it
has also been held that there is no question of condonation of delay in the
matter of suit seeking rectification of record of rights before the revenue
authorities.
11. Post these cases tomorrow i.e. 30th October 2025.
12. I.A. No. 10558 of 2025 in S.A. No. 94 of 2019 seeking early
hearing of the case is hereby allowed.
(Anubha Rawat Choudhary, J.)
Mukul/-
