IN THE HIGH COURT OF JHARKHAND AT RANCHI
Second Appeal No. 278 of 2006
Rohan Sao & Others ... ... ... ... ... Appellants
Versus
Jamni Devi & Others ... ... ... ... Respondents
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CORAM: THE HON'BLE MR. JUSTICE M. Y. EQBAL
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For the Appellants: Mr. Arun Kumar Pandey
For the Respondent: Mr. Munna Lal Yadav
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6/ 21.4.2009
The suit for partition was filed in the year 1983 being
Partition Suit No. 91 of 1983. The defendant-appellant appeared
and contested the suit by filing Written Statement etc. The suit was
eventually decreed in the year 1997and the preliminary decree was
passed. Thereafter a final decree proceeding was initiated. In that
final decree proceeding, the defendant-appellant appeared and
participated in the proceeding. A Pleader Commissioner was
appointed who submitted his report and the same was ultimately
affirmed and a final decree was passed. Thereafter Execution Case
was levied being Execution Case No. 1 of 2002. In that Execution
Case also the defendant-appellant appeared and filed objections. It
was only after the executing Court issued necessary processes for
delivery of possession by deputing armed forces, the defendants
have preferred appeal before the District Judge who after
recording the reasons of delay of eight years dismissed the appeal.
Hence, this Second Appeal.
Prima facie, after going through the judgments of the two
courts, I am of the view that the purpose of filing the appeal was to
halt the execution of the final decree. It is a matter of great concern
that more than 25 years have passed but the plaintiff-respondents
have not get the fruits of the decree till date.
Hence, in my opinion, this appeal has no merit and no
substantial question of law is involved in this appeal. This appeal is
accordingly, dismissed.
(M. Y. Eqbal, J)
Alankar/-