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2025 DAILYLAW 34656 (JHR)

PRADEEP KUMAR SAH v. ASGARI BEGUM MIRZA

C.M.P./658/2023 · 2025-10-07

Gautam Kumar Choudhary

body2025

Judgment text

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2025:JHHC:31090 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI C. M. P. No.658 of 2023 1.Pradeep Kumar Sah 2.Anup Kumar Sah 3.Arvind Kumar Sah All sons of Late Munilal Sah, R/o Ward No.11, Main Road, Chaprasi Tola, Godda, PO & PS & District- Godda, Jharkhand. …. Petitioner(s) Versus 1. Asgari Begum Mirza, W/o Mirza Munna and D/o Late Jane Alam and Bibi Sabra Khatoon. 2. Md. Murtaza Ali, S/o Late Jane Alam and Bibi Sabra Khatoon 3. Md. Mustafa, S/o Late Jane Alam and Bibi Sabra Khatoon 4. Nazni Begum, D/o Late Jane Alam and Bibi Sabra Khatoon. All R/o Chaprasi Tola, Godda, PO & PS & District- Godda, Jharkhand. 5. Most. Shanti Devi, Widow of Late Chandrika Prasad Sah 6. Bablu Kumar Sah, son of Late Chandrika Prasad Sah Srl. Nos.5 & 6 are R/o Godda Town, PO & PS & District- Godda, Jharkhand. 7. Babita Devi, W/o Mahesh Sah and D/o Late Chandrika Prasad Sah, R/o Katras, PO and PS- Katras, District- Dhanbad. 8. Beena Devi, W/o Shivlal Sah and D/o Late Chandrika Prasad Sah @ Bhutka Sah 9. Sangita Devi, W/o Arjun Sah and D/o Late Chandrika Prasad Sah, R/o Godda Town, PO & PS & District- Godda, Jharkhand. 10. Laxmi Devi, W/o Jyanti Kumar and D/o Late Chandrika Prasad Sah, R/o Sector-12, Bokaro Steel City, PO & PS- Bokaro Steel City, District- Bokaro. 11. Gita Devi, W/o Uma Kumar and D/o Late Chandrika Prasad Sah, R/o Chatra, PO and PS- Chatra, District- Chatra. .. ... ...Opp. Party(s) ........... CORAM :HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY ......... For the Petitioner(s) : Mr. Sudhir Kr. Sharma, Advocate Mr. Shashi Shekhar Dwivedi, Advocate For the Opp. Party(s) : …... 05/ 07.10.2025. Heard, learned counsel for the petitioners. 1. Petitioners are the Defn. Nos.2, (2a) and (2b) before the learned Trial Court and the instant Civil Misc. Petition has been filed under Article 227 of the Constitution of India for quashing the order dated 17.02.2023 passed by Civil Judge (Sr. Division)-I, Godda in Title Suit No.13/1993 by which the petition filed by the plaintiff(s) under Order XXII Rules 4 & 9 CPC for substitution of legal heirs of defendant No.1, namely, Chandrika Prasad Sah @ Bhutka Sah has been allowed. 2. It is submitted by learned counsel for the petitioners that the matter has been amicably settled between the petitioners and the plaintiff(s) and a compromise petition has also been filed before the learned Trial Court. 2025:JHHC:31090 2 3. It is also submitted that a petition has been filed before the learned Trial Court to dispose of the suit with respect to these petitioners in terms of the Order XXIII Rule 1 CPC. However, no order is being passed in view of the pendency of the instant CMP. 4. Having considered the submissions, it appears that no lis survives so far as these petitioners and the plaintiffs are concerned. 5. Under the circumstance, the instant CMP is disposed of, with direction to the learned Trial Court to dispose of the petition dated 10.07.2023 and 05.08.2023 filed by the plaintiffs at the earliest. The instant CMP stands disposed of. Pending I.A., if any, also stands disposed of. (Gautam Kumar Choudhary, J.) Sandeep/-