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2026 DAILYLAW 130 (JHR)

MD. RAFIK @ RAFIK ANSARI v. MD. SAFIQUE

C.M.P./52/2026 · 2026-02-02

Rajesh Kumar

Civil Appealbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2026:JHHC:2643 1 C.M.P No.52 of 2026 IN THE HIGH COURT OF JHARKHAND AT RANCHI C.M.P. No. 52 of 2026 1.Md. Rafix @ Rafik Ansari , aged about 47 years, 2.Md. Gulam @ Gulam Rasul, aged about 44 years 3.Md. Yunus Ansari @ Yunus Ansari, aged about 41 years, All sons of Late Zakir Miyan, Resident of Village- Kamta, P.O.- Raham, P.S.- Tandwa, District- Chatra …....... Appellants/ Petitioner(s) Vrs. 1.Md. Safique, 2.Pilva @ Md. Rafique, Both sons of Late Khedan Miyan 3.Manjur Alam, 4.Sadam Miyan, 5.Chhotu Ansari, All sons of Late Latif Miyan 6.Patwa Khatoon, Daughter of Late Md. Latif Miyan All are resident of Village- Kamta, P.O.- Raham, P.S- Tandwa, Dist.- Chatra. .......... Respondents / Opposite Party(s) ….... CORAM: HON’BLE MR. JUSTICE RAJESH KUMAR For the Petitioner : Mr. Ashok Kumar Singh, Advocate 02/02.02.2026 The present civil miscellaneous petition has been filed for the following relief(s): (i) For setting aside the order dated 29.08.2025 passed by District Judge-III, Chatra in Civil Appeal No. 16/2017(Annexure-3) whereby and whereunder both the parties are directed not to make any construction over the suit property in the disposal of the Appeal because any application made by either of the parties. (ii) For direction to the Learned Appellate Court to decide the Appeal as expeditious as possible as the Appeal is of the year 2017 filed by the appellants/petitioners. (iii) For stay the implementation/ execution of order dated 29.08.2025 passed by District Judge-III, Chatra in Civil Appeal No. 16/2017 when the same is in violation of principle of natural justice as well as suo-moto injunction has been granted without any apprehension of 2026:JHHC:2643 2 C.M.P No.52 of 2026 damage of property showed by any of the parties”. 2. After some arguments, learned counsel for the petitioner seeks permission to withdraw the present C.M.P. to work out his remedy in accordance with law. 3. Prayer is granted. 4. Accordingly, the present C.M.P. is hereby, disposed of with the aforesaid liberty. (Rajesh Kumar, J.) 02.02.2026 A. Mohanty/Raja Uploaded ____/____/2026