Nabi Mian And Others vs Yakub Mian And Others
2026 Latest Caselaw 159 Jhar

Jharkhand High Court

Nabi Mian And Others vs Yakub Mian And Others on 12 January, 2026

Author: Anubha Rawat Choudhary

Bench: Anubha Rawat Choudhary

        IN THE HIGH COURT OF JHARKHAND AT RANCHI

                          S.A. 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
22/12 January 2026

1. It has been pointed out by the learned counsel for the appellants by referring to the cause title of Title Appeal No. 118 of 2007 that Basir Mian, who was contesting respondent no. 1 before the 1st appellate court, and two proforma respondents in the 1st appeal , namely, Juman Mian and Muslim Mian, expired on 16.03.2008, 2008 and 03.11.2010 respectively during the pendency of the Title Appeal.

2. He submits that the Title Appeal was allowed and the contesting defendant nos. 2 to 9 of the 1st appellate court are the appellants before this Court.

3. He has also submitted that notices were also issued to the legal heirs of Basir Mian, Juman Mian and Muslim Mian, but they have not entered appearance in spite of service of notice.

4. The learned counsel submits that since the Title Appeal was decided while one of the contesting respondent, namely, Basir Mian had expired, therefore the appellate court's judgment and decree is a nullity.

5. The learned counsel has referred to the order passed by this Court in S.A. No. 134 of 2019 dated 21.06.2023 and has submitted that the only difference in the said case and the present case is that here the title appeal was allowed and the contesting respondents before the 1st appellate court are the appellants before this Court and consequently at best it can be kept

open to the respondents to take appropriate steps before the 1st appellate court.

6. Mr. Zaid Ahmad, Advocate appears on behalf of the respondents submits that the arguing counsel Mr. Ankit Burman is not available today as his father is in critical condition at Durgapur and he has not been attending the court since last few days. The learned counsel submits that the matter be posted after two weeks on 27.01.2026.

7. Post this case on 27.01.2026.

8. Upon the prayer of the learned counsel for the appellants, interim order dated 11.09.2025 is directed to continue till 27.01.2026.

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

(Anubha Rawat Choudhary, J.) Mukul/-