Jharkhand High Court
(A). Sujit Kumar vs S.A No.275 Of 2003 on 4 July, 2022
Author: Anil Kumar Choudhary
Bench: Anil Kumar Choudhary
S.A No.275 of 2003
IN THE HIGH COURT OF JHARKHAND AT RANCHI
S.A. No.275 of 2003
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1 (a). Sujit Kumar, Son of Late Gulab Mahto 1 (b). Boby Kumar, Son of Late Gulab Mahto 1 (c). Arun Kumar, Son of Late Gulab Mahto 1 (d). Sangita Devi, D/o Late Gulab Mahto, w/o, Bishnu Mahto
2. Dasa Mahto, son of late Arjun Mahto
3. Runa Devi, D/o of late Arjun Mahto, w/o, Sri Mahesh Mahto
4. Richa Devi, wife of Gazam Mahto
5. Mohan Mahto
6. Sohan Mahto
7. Jodhan Mahto
8. Jainath Mahto 5 to 8 are all sons of Late Kitku Mahto
9. Charki Devi, daughter of Late Kitku Mahto
10. Most. Tilo, wife of Late Mitu Mahto
11. Barhan Mahto , son of Late Mitu Mahto All residents of village Chhotkipona, P.O. Barkipona, P.S. Ramgarh, District- Hazaribagh,
12. Dhiru Mahto
13. Jagdeo Mahto Both sons of Late Tahal Mahto, both residents of Village Murram Kalan, P.O. Gossa, P.S. Ramgarh
14. Mudari Devi daughter of Tahal Mahto, wife of Darb Ram Mahto village Chhotkilari, P.O. Barkilari, P.S. Ramgarh, District- Hazaribagh
15. Sohari Devi, daughter Tahal Mahto, wife of Tukeshwar Mahto, village- Chitarpur, P.O. Chitarpur, P.S. Ramgarh, District- Hazaribagh
16. Savitri Devi, wife of Late Mahabir Mahto, village Murram Kalan, P.O. Gossa, P.S. Ramgarh, District- Hazaribagh
17. Mutki Devi, wife of Ramu Mahto, village Murram Kalan, P.O. Gossa, P.S. Ramgarh, District- Hazaribagh
18. Pintu Mahto, S/o Late Gajaru Mahto
19. Tikan Mahto, minor son of late Gajaru Mahto through his mother Most. Rekha Devi
20. Pancham Mahto son of late Kitku Mahto
21. Widow of Kitku Mahto
22. Nankhu Mahto son of Sahdeo Mahto All residents of Village Charipana, P.O. Bankipona, P.S. Ramgarh, Dist. Hazaribagh .... .... .... Appellants Versus 1 S.A No.275 of 2003
1. Most. Mutari, wife of Late Partha Mahto
2. Chamu Mahto, son of Late Parha Mahto 3(a). Dakho Devi, w/o Late Rupan Mahto 3(b). Doman Mahato, s/o, Late Rupan Mahto 3(c). Niranjan Mahato, son of Late Rupan Mahto All resident of village Chhotkipona, P.O.- Barkipona, P.S. Ramgarh, District- Hazaribagh.
3(d). Dulari Devi , D/o Late Rupan Mahto , w/o Ram Prasad Mahto village and P.O.- Barkibona, P.S. Ramgarh, District- Hazaribagh 3(e). Ahilya Devi, D/o Late Rupan Mahto, w/o, Chandradeo Mahato, vill-Huppu, P.O. & P.S. Gola, District- Hazaribagh 3(f). Tumani Devi, D/o Late Rupan Mahto, w/o Anu Mahato, Village, P.O. & P.S. Gola, District- Hazaribagh 3(g). Kukwa Devi, D/o Late Rupan Mahto w/o Dasharath Mahato, village, P.O. & P.S.- Barkagaun, District- Hazaribagh.
.... .... .... Respondents
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For the Appellants : Mr. Suchendra Prasad, Advocate For the Respondents : Mr. Birendra Kumar, Advocate PRESENT HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY By the Court :-
I.A. No.10132 of 20191. Heard the parties.
2. It is submitted by the learned counsel for the respondents that this interlocutory application has been filed intimating that respondent no.3 (a)- Dakho Devi has died on 22.03.2019 leaving behind her two sons and four daughters whose names, parentage and addresses have been mentioned in paragraph no.5 of the petition.
3. Keep the same in the record.
4. This interlocutory application is disposed of 2 S.A No.275 of 2003 accordingly.
(Anil Kumar Choudhary, J.) I.A. No.1978 of 2022
1. It is submitted by the learned counsel for the appellants that this interlocutory application has been filed with a prayer to substitute the legal representatives of the deceased respondent no.3 (a)- Dakho Devi. It is further submitted that the deceased respondent 3 (a)- Dakho Devi died on 22.03.2019 living behind his only six legal representatives whose names, parentage and addresses have been mentioned in paragraph no.5 of the instant interlocutory application. It is then submitted by the learned counsel for the appellants that the appellants had no knowledge about the death of respondent no. 3 (a) prior to 25.10.2019 when the interlocutory application no.10132 of 2019 was filed. It is next submitted that the said six legal representatives are already party to this appeal being respondent nos. 3 (b) to 3 (g). Hence, it is submitted that the name of the respondent no.3 (a) be deleted from the cause title of the appeal memo.
2. Considering the aforesaid facts and circumstances of the case Registry is directed to mention the word 'Dead' in the cause title of the appeal memo against the name of deceased respondent no.3
(a).
3. This interlocutory application is disposed of 3 S.A No.275 of 2003 accordingly.
(Anil Kumar Choudhary, J.) I.A. No.1975 of 2022
1. Heard the parties.
2. Both the learned counsel for the appellants and the learned counsel for the respondents submits that the parties have compromised the dispute between them and the parties have agreed for partition the suit land of plot no.398 and 399 of area 0.25 acres and 0.15 acres respectively on the ratio of 35% to the appellants/defendants and 65% to the plaintiffs/respondents. It has also been agreed to between the parties to partition the lands of plot no.402, 1175 and 799 of area 0.15 acres, 0.13 acres and 0.04 acres respectively in equal proportion that is 50% share to the appellants and the respondents. It is then submitted by the learned counsel for the appellants that the copy of the agreement arrived at between the parties has been annexed as Annexure-1 of this interlocutory application. Hence, it is submitted that this appeal be disposed of by passing the decree in accordance with law.
3. Considering the aforesaid facts and circumstances of the case, this Court is satisfied that by a lawful agreement, a compromise has been effected to between the parties, a copy of which has been annexed as Annexure - 1 of this interlocutory application.
Accordingly, this second appeal is disposed of in terms of the said 4 S.A No.275 of 2003 compromise entered into between the parties. Annexure-1 of this interlocutory application be treated as part of the decree.
4. This second appeal is disposed of accordingly and consequently, this interlocutory application is also disposed of.
5. Registry is directed to prepare a decree in terms of the compromise entered into between the parties.
6. Send back the Lower Court Records along with a copy of this order forthwith.
(Anil Kumar Choudhary, J.) High Court of Jharkhand, Ranchi Dated 4th July, 2022 Sonu-Gunjan/- A.F.R. 5