Jharkhand High Court
Rameshwar Oraon vs Kamla Devi And Others on 11 June, 2025
Author: Anubha Rawat Choudhary
Bench: Anubha Rawat Choudhary
IN THE HIGH COURT OF JHARKHAND AT RANCHI
S. A. No. 74 of 2017
Rameshwar Oraon ... ... Appellant
Versus
Kamla Devi and Others ... ... Respondents
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CORAM :HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY
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For the Appellant : Mr. Ravi Prakash, Advocate For the Resp. No.1 : Mr. Ajeet Kumar Singh, Advocate For the Resp.-State : Ms. Ruchi Mukti, AC to AAG IA
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12/11.06.2025
1. This appeal has been filed against the judgment dated 29.09.2016 passed by learned District Judge-VI, Gumla in Title Appeal No. 06 of 2009 whereby the learned 1st appellate court has reversed the judgment dated 24.02.2009 passed by learned Munsiff, Gumla in Title Suit No. 32 of 2002.
2. The learned counsel for the appellant has submitted that so far as issue no. 3 regarding adverse possession is concerned, the said plea has been negative by both the courts by concurrent findings, so the core issue which remains is issue No.4 as to whether the plaintiff has right, title and interest over the suit property?
3. The learned counsel has submitted that the learned trial court while considering the issue No. 3 and 4 together has clearly recorded finding in paragraph 13 that the suit property claimed by the defendant was different from the suit property involved in the present case and after detailed discussion right, title and interest of the plaintiff was declared. But the learned 1st appellate court while reversing this finding has not considered this aspect of the matter. Accordingly, the appeal be admitted on following substantial question of law.
Whether the learned 1st appellate court while reversing the judgment with respect to issue No.4 has committed perversity and has also not dealt with the reasons assigned 1 by the learned trial court while decreeing the suit in favour of the plaintiff?
4. This appeal is admitted for final hearing on the aforesaid substantial question of law.
5. Respondent No. 1 and respondent No. 3 are represented before this Court and therefore, no notice need be issued.
6. Let notice be issued to respondent No. 2 through the concerned police station for which requisites be filed by the appellant within a period of one week from today.
7. The learned counsel for the State is directed to seek instructions and file affidavit regarding service of notice upon respondent No. 2 prior to the next date.
8. Let the records be called for from the concerned court.
9. Post this case on 09th July, 2025.
10. Let a copy of this order be communicated to the concerned court through "FAX/e-mail".
(Anubha Rawat Choudhary, J.) Rakesh/-
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