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Jharkhand High Court
Sarojini Soren And Another vs Samuel Soren And Ors on 19 January, 2026
Author: Anubha Rawat Choudhary
Bench: Anubha Rawat Choudhary
IN THE HIGH COURT OF JHARKHAND AT RANCHI
S.A. No. 192 of 2025
Sarojini Soren and Another ... ... Appellants
Versus
Samuel Soren and Ors. ... ... Respondents
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CORAM :HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY
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For the Appellants : Mr. Shubhashis Rasik Soren, Advocate
: Ms. Shobha Gloria Lakra, Advocate
: Ms. Mrinalini Adela Tete, Advocate
For the Respondents :
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05/19.01.2026 Heard the learned counsel appearing on behalf of the appellants.
2. Learned counsel for the appellants has produced a copy of the
order dated 12.03.2024 passed by the learned 1 st appellate court
wherein the final order dated 04.03.2022 passed by the learned
Commissioner, Santhal Pargana, Dumka in Revenue Misc. Appeal
No. 45 of 2003-04 was adduced as additional evidence and the same
was directed to be taken on record.
3. The learned counsel submits that the said document was also
marked as exhibit- 1 by the learned 1st appellate court on 18.04.2024.
He submits that the final judgment by the learned 1 st appellate court
has been delivered on 12th December, 2024, but the aforesaid
additional evidence has been completely overlooked.
4. Learned counsel for the appellants has submitted that on the
contrary, the learned 1st appellate court recorded that the proceeding is
still pending before the learned Commissioner. The learned counsel
submits that the final order passed by the learned Commissioner in
Revenue Misc. Appeal No. 45 of 2003-04 has a serious bearing in the
matter and therefore, a substantial question of law be framed in this
connection.
5. I.A. No. 15140 of 2025 has been filed for condonation of delay
of 202 days in filing this appeal.
6. Since appeal is barred by limitation, this Court issues notice to
the respondents in I.A. No. 15140 of 2025 seeking condonation of
delay in filing the appeal.
7. At this, learned counsel for the appellants has also submitted
that one interlocutory application being I.A. No. 176 of 2026 has been
filed with a prayer for stay of proceeding before the executing court
being Execution Case No. 2 of 2025 pending before the Court of
learned Civil Judge, Senior Division-I at Pakur.
8. Let notice be also issued to the respondents in I.A. No. 176 of
2026 seeking stay of the execution proceedings.
9. For the purpose of issuance of notice to the respondent nos. 1 to
5 in I.A. No. 15140 of 2025 and I.A. No. 176 of 2026, let requisites
under speed post as well as ordinary process be filed by the learned
counsel for the appellants within a period of one week from today.
10. Office to track speed post delivery and prepare appropriate
office note with regard to service of notice.
11. Additionally, it will be open to the appellants to serve the notice
to the respondent nos. 1 to 5 through their Advocate in the executing
court in presence of witnesses and file an affidavit before this Court
regarding service of notice.
12. Since the respondent no. 6 is the Deputy Commissioner, Pakur,
the notice upon him be served through the office of the learned
Advocate General.
13. Learned counsel for the appellants is directed to serve two
copies of the memorandum of appeal along with its enclosures and
synopsis in the office of the learned Advocate General within a period
of one week from today.
14. Post this case on 11th February, 2026.
(Anubha Rawat Choudhary, J.)
Pankaj
