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2025 DAILYLAW 9407 (JHR)

SUBHASH CHANDRA VERMA v. GANESH PRASAD JAISWAL

C.R./14/2020 · 2025-04-09

Rajesh Kumar

Civil Appealbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:JHHC:10866 IN THE HIGH COURT OF JHARKHAND AT RANCHI C.R. No.14 of 2020 ---- Subhash Chandra Verma, aged about 51 years, Son of Sri Devnedra Nath Verma, resident of village Rasikpur, P.O. & PS Dumka, District-Dumka (Jharkhand) …. …. Petitioner(s) Versus Ganesh Prasad Jaiswal, Son of Late Ram Awatar Sah, resident of Thakurbari Road, P.O. & P.S. Dumka, District-Dumka (Jharkhand) …. …. Opposite Party(s) ---- CORAM: HON’BLE MR. JUSTICE RAJESH KUMAR ---- For the Petitioner(s) : Mr. Shekhar Prasad Gupta, Adv. For the Opposite Party(s) : Mr. Rahul Ranjan, Adv. ---- 10/Dated: 09th April, 2025 1. The present civil revision has been filed against the Judgment and Decree dated 03.02.2020 and 14.02.2020 passed by the learned District Judge-IV, Dumka in Civil Appeal No.46 of 2018 in which appeal filed by the petitioner against the Judgment and Decree dated 14.09.2018 passed in Eviction Suit No.12 of 2013 has been dismissed. 2. It appears that the present revisionist is a tenant and the landlord has filed a suit for recovery of possession on the basis of defaulter. The Decree has been prepared in favour of the landlord which has been challenged by the present revisionist/tenant by filing the first appeal being Civil Appeal No.46 of 2018 and the same has been dismissed by the appellate court upholding the order of the first Court. 3. Against the above first appellate order, the present revision has been filed. The revision is not maintainable rather second appeal is maintainable. 4. In that view of the matter, learned counsel for the revisionist seeks permission to withdraw the present case with a liberty to file second appeal. 5. Permission is accorded. 6. Accordingly, the present civil revision stands dismissed as withdrawn giving liberty to the revisionist to take plea of Section 14 of the Limitation Act, 1963. 7. I.A. No.6102 of 2022 stands disposed of. (Rajesh Kumar, J.) Shahid/- Uploaded