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2025 DAILYLAW 9236 (JHR)

KABIL MIA v. STATE OF JHARKHAND

C.M.P./452/2025 · 2025-06-10

Sanjay Kumar Dwivedi

body2025

Judgment text

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2025:JHHC:15007 --1-- C.M.P. No. 452 of 2025 IN THE HIGH COURT OF JHARKHAND, RANCHI C.M.P. No. 452 of 2025 ---- Kabil Mia, aged about 72 years, S/o Late Biju Mia R/o Village – Kadaiya, PO – Keshka, PS – Tundi, District – Dhanbad .... Petitioner -- Versus -- 1. Kiyamat Mia, s/o Late Kubad Mia, village – Kadaiya, PO – Keshka, PS – Tundi, District – Dhanbad 2. Kariman Bibi, w/o Mohd. Mia of Asanbani, PO – Bhitia, PS – Gobindpur, District – Dhanbad 3. Mahidan Bibi, w/o Mohd. Kayamuddin village and PO – Janaglpur, PS – Gobindpur, District – Dhanbad 4. Mariyam Bibi, W/o Khalil Ansari, Village – Sabhari, PO – Muraradih, PS – Barwa Adda, District – Dhanbad 5. Ishad Ali, S/o – Muktul Mia, Village – Kadaiya, PO – Keshka, PS – Tundi, District – Dhanbad 6. Alti Bibi, W/o Yunus Ansari, village – Tilabani, PO – Bhitiya, PS – Gobindpur, District – Dhanbad 7. Algun Bibi, W/o Ismail Mia, village – Gosaidih Tola Kashitand, PO – Keshka, PS – Tundi, District – Dhanbad 8. Samina Bibi, W/o Jakir Hussain, village – Jangalpur, PO – Jangalpur Tola, Nutandih, PS – Gobindpur, District – Dhanbad 9. Md. Samsuddin, S//o Late Taiyab Mia 10. Bablu Mondal, S/o Late Arjun Mondal 11. Md. Parmali, S/o Late Ishmat Mia 12. Siraj Ansar, S/o Late Kashim Mia 13. Munir Ahmad, S/o Late Kubad Mia 14. Abbas Mia, S/o Late Panu Mia 15. Hashim Ansari, S/o Late Hafijuddin Mia 16. Md. Nasiruddin S/o Late Matam Mia 17. Rasul Gani, S/o Late Sahadat Mia, All are resident of village- Kadaiya, PO – Keshka, PS – Tundi, District - Dhanbad .... Opposite Parties ---- 2025:JHHC:15007 --2-- C.M.P. No. 452 of 2025 CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI --- For the Petitioner :- Mr. Nikhil Ranjan, Advocate For the O.Ps :- ---- 04/10.06.2025 Heard learned counsel appearing for the petitioner. 2. This petition has been filed under Article 227 of the Constitution of India for direction upon the learned Court to dispose of the Final Decree Case No.02/2021 pending in the Court of learned Civil Judge (Jr. Division No.1), Dhanbad arising from Title (Partition) Suit No.154/2006 which has been disposed of by the learned Court. 3. Learned counsel appearing for the petitioner submits that the preliminary decree is already prepared and the matter since 2021 is pending for preparation of final decree. He refers to Orders which has been annexed with the petition and submits that without any cause the matter is being adjourned and the appearance of all the parties has already completed on 30.01.2024. 4. In view of the above, this petition is disposed of directing the petitioner to move before the learned Court by way of filing a petition for early disposal and the learned Court will take into consideration the reasons assigned in the petition and proceed with the case considering that the preliminary decree is already passed. (Sanjay Kumar Dwivedi, J.) Sangam/