Rajesh Swarnkar vs Meena Devi on 2 May, 2024

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Patna High Court - Orders

Rajesh Swarnkar vs Meena Devi on 2 May, 2024

Bench: Khatim Reza

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  SECOND APPEAL No.409 of 2017
                  ======================================================
                  Rajesh Swarnkar
                                                                  ... ... Appellant/s
                                            Versus
                  Meena Devi
                                                               ... ... Respondent/s
                  ======================================================
                  Appearance :
                  For the Appellant/s    :       Mr. Anil Kumar Jha, Sr. Advocate
                                                 Mr. Pramod Mishra, Advocate
                                                 Ms. Geeta Kumari, Advocate
                  For the Respondent/s   :       Mr. Surendra Kishore Thakur, Advocate
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
                                        ORAL ORDER

10   02-05-2024

Heard Mr. Anil Kumar Jha, learned senior counsel for the appellant and Mr. Surendra Kishore Thakur, learned counsel for the respondent.

2. Heard.

3. Admit.

4. Call for the lower court records from the court concerned.

5. This appeal shall be heard on the following substantial questions of law:

I. Whether the suit is maintainable against the defendant, who is settlee of Basgit Parcha bearing Basgit Parcha Case No.02 of 2007- 2008?

II. Whether the appellate Court failed to frame issue on the basis of disputed question of title Patna High Court SA No.409 of 2017(10) dt.02-05-2024 2/2 with regard to Basgit Parcha?

III Whether the suit comes within the purview of Section 3 and 4 of the Bihar Land Dispute Resolution Act, 2009?

6. Any other substantial questions of law may be raised at the time of hearing of this appeal.

Interlocutory Application No. 02 of 2023

7. This interlocutory application has been filed under Order 41 Rule 5 read with Section 151 of he Code of Civil Procedure, on behalf of the appellant for staying the proceeding of Execution case No.02 of 2017 filed on behalf of the plaintiff- respondent pending in the Court of the Sub Judge-II, Saharsa, during the pendency of this second appeal.

8. Mr. Surendra Kishore Thakur, learned counsel for the respondent prays for time to file reply to the said interlocutory application.

9. One week's time is granted to file reply to the interlocutory application.

10. List this case on 9th May, 2024, under the heading "For Orders on Petition".

(Khatim Reza, J) J. Alam/-

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Patna High Court - Orders