Jharkhand High Court
Md. Tashlim @ Tashlim Mian @ Taslim Ahmad vs Ahmad Hussain on 15 February, 2019
Author: Amitav K. Gupta
Bench: Amitav K. Gupta
IN THE HIGH COURT OF JHARKHAND AT RANCHI
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C.R. No.36 of 2013
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Md. Tashlim @ Tashlim Mian @ Taslim Ahmad, son of late Akbar Mian, r/o village Birsodih, P.O. Gumo, P.S.Jainagar, District-Koderma(Jharkhand). .....Petitioner.
Versus
1. Ahmad Hussain, son of late Habib Mian @ Ajmer.
2. Massomat bano, wife of late Habib Mian @ Ajmer.
3. Bibi Sakuran, wife of late Akbar Ali
4. Bibi Batulan,wife of late Ishak Mian
5. Bibi Rubia, wife of Amanat Hussain.
6. Bibi Jubeda Khatoon, wife of Mahboob Ansari. All are residents of village Birsodih, P.O. Gumo, P.S.Jainagar, District-Koderma.
7. Abdul Gani, son of late Habib Mian @ Ajmer, at present resident of village Karma, P.O. and P.S. Choupran, District-Hazaribagh and permanent resident of village-Birsodih, P.O.Gumo, P.S.Jainagar, District-Koderma.
8. Salim Mian
9. Ishlam Mian. Both sons of late Akber Mian. Nos.8 and 9 are residents of village Birsodih, P.O. Gumo, P.S.Jainagar, District-Koderma. ..... Opp.parties..
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CORAM: HON'BLE MR. JUSTICE AMITAV K. GUPTA
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For the Petitioner : Mr.Sandeep Verma, Advocate. For the O.P. : Mr. Bharat Kumar, Advocate.
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12/15.02.2019 Learned counsel for the petitioner, after advancing some argument, has submitted that since the suit is pending for final argument hence, he is not pressing the present revision and prays that liberty be given to the petitioner to raise the question of legality of the order before the appropriate court.
Learned counsel for the O.P. has submitted that in view of the mandate of Section 115 of C.P.C this revision is not maintainable.
Heard. In view of the submission of the learned counsel for the petitioner the revision is, hereby, disposed off as not pressed. Liberty is reserved with the petitioner to assail the findings and the question raised in the present revision before the appropriate court.
As per the status report called from the court below the suit was fixed for final argument in December, 2018. The court below shall decide the suit at the earliest preferably within two months from the date of receipt or production of this order, if the suit has not been disposed off as yet .
(Amitav K. Gupta, J.) Biswas.