IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(C) No. 2029 of 2011
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Janab Salim Saheb ...... Petitioner
Versus
Dipti Mukherjee & others .... ... Respondents
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CORAM: HON'BLE MR. JUSTICE PRASHANT KUMAR
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For the Petitioner : Mr. Jagdish Prasad Sahu
For the Respondents :
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3 /09.06.2011
This writ application is directed against order dated 17.09.2010
passed by Sub-Judge-II, Ranchi in Title Suit No.333 of 2006, whereby he stayed the
proceeding of the aforesaid title suit, because the issue in question is directly
involved in Title Appeal No.112 of 2008 pending in the court of learned Judicial
Commissioner, Ranchi.
Learned counsel for the petitioner has admitted that the issue involved
in Title Appeal No.112 of 2008 is directly concerned with the present suit. However,
he submits that the said title appeal arose from Title Suit No.35 of 1990 and there is
no likelihood of its hearing in near future. Hence, the order passed by the court
below may be vacated.
As the petitioner himself admits that the issue involved in Title Appeal
No.112 of 2008 is directly involved in Title Suit No.333 of 2006, I find no illegality in
the order of court below. Thus, I am not inclined to interfere with the said order.
However, I direct Judicial Commissioner, Ranchi to expedite hearing of Title Appeal
No.112 of 2008 and dispose it of preferably within six months from today.
With the aforesaid observation and direction, this writ application is
disposed of.
(Prashant kumar, J)
R.K.