Jharkhand High Court
Basuki Devi & Ors vs Smt.Kunti Devi & Ors on 31 August, 2022
Author: Anil Kumar Choudhary
Bench: Anil Kumar Choudhary
IN THE HIGH COURT OF JHARKHAND AT RANCHI
SA No. 76 of 1998 (R)
Basuki Devi & Ors. ......... Appellants
Versus
Smt.Kunti Devi & Ors. ......... Respondents
Coram: HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY For the Appellants : Mr. R.N.Sahay, Sr. Adv.
Mr. Yashwardhan, Adv.
For the Respondent s : Mr. S.K. Sharma,Adv.
16 / 31.08.2022 I.A. No. 567 of 2000 Heard the parties.
Learned counsel for the appellants submits that this interlocutory application has been filed with a prayer to delete the name of the deceased respondent no. 1- Kunti Devi and respondent nos. 5 and 7. It is next submitted by learned counsel for the appellants that neither the defendant no. 5 nor his legal heirs filed written statement in the suit and the share of defendant no. 5- Hulak Ram was purchased by respondent no. 1- Kunti Devi. It is further submitted by learned counsel for the appellants that respondent no. 1- Kunti Devi, who was appellant no. 1 in the First Appellate Court in Title Appeal No. 62 of 1984, died during the pendency of that appeal and all her legal representatives have been parties to that appeal as appellant nos. 2 to 4 of Title Appeal no. 62 of 1984 but in the decree, her name has been mentioned but the same was expunged in compliance of the order no. 14 dated 09.05.2000 passed by this court, in this appeal and by the said order no. 14 dated 09.05.2000, this court has already rejected the portion of the prayer of the interlocutory application, for expunging the names of the respondent nos. 5 and 7. Under such circumstances, the prayer for deleting the name of respondent no. 1- Kunti Devi is allowed. The seriatim of rest of the appellants in the cause title of the appeal memo be changed accordingly. Registry is directed to carry out necessary correction in the cause title of this appeal memo.
This interlocutory application is disposed of accordingly.
(ANIL KUMAR CHOUDHARY, J.) SA No. 76 of 1998 (R) Learned counsel for the appellants prays for time. Prayer for time is allowed as the last chance. List this appeal after sixteen weeks.
(ANIL KUMAR CHOUDHARY, J.) Smita/-