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High Court of Jharkhand · body

2025 DAILYLAW 21041 (JHR)

SAKUR MIAN v. JALALUDDIN MIAN

C.M.P./806/2023 · 2025-01-13

Sanjay Kumar Dwivedi

body2025

Judgment text

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IN THE HIGH COURT OF JHARKHAND, RANCHI ---- C.M.P. No. 806 of 2023 ---- Sakur Mian aged about 85 years son of late Jiba Mian resident of Village Baudha PO and PS Tatijharia, District Hazaribag (Jharkhand) …… …. … Petitioner(s) -- Versus -- Jalaluddin Mian, son of late Bhola Mian, resident of Village Baudha, PO and PS Tatijharia, District Hazaribagh, Jharkhand …… ……..Plaintiff/ Opp. Party ---- CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI --- For the Petitioner(s) :- Mr. Sandeep Verma, Advocate For the Opp.Party :- ---- 5/13.01.2025 Heard the learned counsel appearing on behalf of the petitioner. 2. This petition has been filed for challenging the order dated 27.02.2023 passed by learned Civil Judge, Junior Division-III, Hazaribagh in Title Suit No.129A of 2013 by which the learned court has been pleased to reject the petition filed by the plaintiff for substitution of names of the legal heirs/ successors of the deceased performa-defendant nos.2 and 3. 3. Mr. Sandeep Verma, the learned counsel for the petitioner submits that the learned court by the said impugned order has been pleased to allow the substitution of the counter claimant in that case, however, the same was rejected with regard to the petitioner and he submits in view of that, appropriate order may kindly be passed. 4. Considering that the suit filed by the petitioner was dismissed as withdrawn and thereafter the said petition was filed for substitution. The counter claim was not dismissed as withdrawn and the counter claim has been pursued by the claimants and in view of that the petition was allowed. There is no illegality in the order. As such, this petition is dismissed. ( Sanjay Kumar Dwivedi, J.) SI/