Jharkhand High Court
Mahto Oraon @ Rameshwar Oraon vs Sanicharwa Oraon & Ors. .... .... Opp. ... on 22 November, 2024
Author: Subhash Chand
Bench: Subhash Chand
IN THE HIGH COURT OF JHARKHAND AT RANCHI
C.M.P. No.323 of 2023
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Mahto Oraon @ Rameshwar Oraon .... ... Petitioner Versus Sanicharwa Oraon & Ors. .... .... Opp. Parties
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CORAM : HON'BLE MR. JUSTICE SUBHASH CHAND
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For the Petitioner : Mr. Satya Narayan Prasad, Advocate
For the Opp. Party No.3 : Mr. Naresh Pd. Thakur, Advocate
For the State : Mr. Sachin Kumar, AC to SC-I
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04/22.11.2024 On behalf of petitioner learned counsel Mr. Satya Narayan
Prasad, on behalf of opp. party no.3 learned counsel Mr. Naresh Pd. Thakur and on behalf of State-opp. party nos.9 & 10 learned AC to SC-I Mr. Sachin Kumar are present.
2. In view of the office note, notice were issued to the opposite party nos.4 to 8 same came unserved with this endorsement that all these opposite party nos. 4 to 8 are presently residing at Asansol.
3. Let the fresh notice be issued to the opposite party nos.4 to 8 at their present address Asansol. Requisite for the same be filed under ordinary process and registered post AD as well within two weeks.
I.A. No. 2399 of 20244. The instant interlocutory application is with these averments that during pendency of this CMP opposite party no.1 died on 19.10.2023. Thereafter, IA No. 11110 of 2023 was filed on behalf of petitioner for substitution of the legal heirs of deceased opposite party no.1. During pendency of that IA also one of the legal heir of opposite party no.1 Binay Kachchap also died on 20.01.2024 who was unmarried.
5. In view of the above, the name of Binay Kachchap was sought to be deleted from the interlocutory application no. 11110 of 2023. The prayer sought is of requisite and legal nature same is hereby allowed.
6. The necessary correction be made in I.A. No.11110 of 2023 during course of day.
7. Accordingly this IA No. 2399 of 2024 stands disposed of.
C.M.P. No.323 of 20238. Notice also be issued to the legal heir of deceased opposite party no.1 namely Binod Kachhap. Requisite for the same also be filed under ordinary process and registered post AD as well with two weeks.
9. List on 17.01.2025.
10. The learned counsel for the opposite party no.2 has submitted that the copy of the petition has not been served to him.
11. The learned counsel for the petitioner is directed to furnish the copy of petition alongwith other relevant documents during course of day.
(Subhash Chand, J.) RKM 2