2025:JHHC:24995 IN THE HIGH COURT OF JHARKHAND AT RANCHI C.M.P. No. 763 of 2023 Sanicharwa Oraon, S/o Late Birsa Oraon and Son-in-law (Ghardamad) of Late Daswa Oraon, R/o of village Chandwe, P.O. Chandwe, P.S. Kanke, District Ranchi, Jharkhand ..... .... Petitioner Versus 1. Monika Tirkey @ Monika Oraon, D/o Late Daswa Oraon 2. Ajay Toppo, S/o Late Madru Toppo 3. Manoj Toppo, S/o Arjun Toppo Sl. Nos. 2 and 3 are residents of village Chandwe, P.O. Chandwe, P.S. Kanke, District Ranchi, Jharkhand 4. Basant Nag, S/o Somra Nag 5. Govind Oraon, S/o Late Jagarnath Oraon Sl. Nos. 4 and 5, both are resident of village Bhita, P.O. & P.S. Bariatu, District Ranchi, Jharkhand 6. Lalu Oraon, S/o Sanicharwa Oraon, R/o Village Tumri, P.O. & P.S. Gonda, District Ranchi, Jharkhand 7. Bunchi Orain, D/o Late Daswa Oraon and W/o Sancharwa Oraon 8. The Deputy Commissioner, Ranchi, having its office at near Kutchury, P.O. GPO Ranchi, P.S. Kotwali, District Ranchi, Jharkhand 9. Shyam Sundar Murarka, S/o Late Ram Kishan Murarka 10. Suman Murarka, W/o Late Raj Kumar Murarka, Sl. Nos. 9 and 10, both are residing at Murarka House, Main Road, Ranchi, near Firayalal Chowk, P.O. Sadar, P.S. Kotwali, District Ranchi, Jharkhand … …. Opposite Parties CORAM: HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY For the Petitioner : Mr. Sumir Prasad, Advocate Mr. Avishek Chandra, Advocate For the State : Mr. Ankit Kumar, AC to SC-1 For the O.P. No. 9 : Mr. Amit Kr. Das, Advocate Ms. Swait Shalini, Advocate ------ Order No. 06 / Dated : 22.08.2025. 1. The instant civil miscellaneous petition has been filed for setting aside the order dated 04.05.2023 passed in Civil Appeal No. 12 of 2022 arising of Original Suit No. 58 of 2012, whereby and whereunder the petition under Order XXXIX Rule 1 and 2 read with Section 151 of CPC has been rejected. 2. Plaintiff has filed the suit for declaration of right, title, interest and possession over the suit property and transfer it to defendant nos. 1 to 8, 9 and 10 in favour of any person to be declared as void ab initio. 3. The defendants/ opposite parties claimed the property on the basis of registered sale deed to have been executed by one Raj Bahadur H.P. Banerjee in favour of Snehlata Mukherjee on 29.06.1949. The property was sold to 2025:JHHC:24995 Shivji Meghji Yadav on 24.05.1967 and the petitioner’s claimed to have purchased it from Shivji Meghji Yadav in 1975. 4. Learned Trial Court as well as First Appellate Court considering the fact that the defendant’s title was based on registered sale deeds have held that there was no prima facie case in favour of the plaintiffs. 5. In this view of matter, this Court does not find any infirmity in the impugned order to be interfered with in exercise of power conferred under Article 227 of the Constitution of India. Civil Miscellaneous Petition, accordingly, stands dismissed. Pending I.A., if any stands disposed of. (Gautam Kumar Choudhary, J.) Pawan/ -