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2026:JHHC:13860 IN THE HIGH COURT OF JHARKHAND AT RANCHI
Second Appeal No. 188 of 2008
With
I.A. No.16903 of 2025
------ 1(a) Md. Laraib Ahmad, son of Late Sajda Khatoon and Late Md. Ismail 1(b) Saquib Ahmad, son of Late Sajda Khatoon and Late Md. Ismail 1(c) Rafat Jahan, son of Late Sajda Khatoon and Late Md. Ismail 1(d) Kaushar Jahan, son of Late Sajda Khatoon and Late Md. Ismail 1(e) Warisa Khatoon, daughter of Late Sajda Khatoon and Late Md. Ismail 1(f) Gazala Khatoon, daughter of Late Sajda Khatoon and Late Md. Ismail 1(g) Md. Jawed, son of Late Md. Mustafa and Late Farhat Jahan All resident of Majhgaon, P.O. and P.S. Chaibasa, District West Singhbhum .... .... …. Appellants
Versus 1(a) Sohail Akhtar, son of Late Fahimul Haque 1(b) Shamim Akhtar, son of Late Fahimul Haque 1(c) Nasim Akhtar, son of Late Fahimul Haque All resident of Barkandaz Toli, Ward No.7, Bari Bazaar, P.O. Bari Bazar, P.S. Sadar, Chaibasa, District West Singhbhum 1(d) Mehtab Bano, Daughter of Late Fahimul Haque, Wife of Najmul Abedin, Resident of Main Road, Town, P.O. Bari Bazar, P.S. Sadar, Chaibasa,
District West Singhbhum 1(e)(i) Shahbaz Akhtar, son of Late Kayum Akhtar and Late Mumtaz Bano 1(e)(ii) Shahnwaz Akhtar, son of Late Kayum Akhtar and Late Mumtaz Bano 1(e)(iii) Farheen Bano, daughter of Late Kayum Akhtar and Late Mumtaz Bano 1(e)(iv) Afreen Bano, daughter of Late Kayum Akhtar and Late Mumtaz Bano All residents of Holding No.203, Shastri Nagar, Block No.2, Kadma Jamshedpur, P.O. and P.S. Kadma, District East Singhbhum,
.... .... .... Respondents
WITH
Second Appeal No. 190 of 2008
With
I.A. No.16902 of 2025
------ 1(a) Md. Laraib Ahmad, son of Late Sajda Khatoon and Late Md. Ismail 1(b) Saquib Ahmad, son of Late Sajda Khatoon and Late Md. Ismail 1(c) Rafat Jahan, son of Late Sajda Khatoon and Late Md. Ismail 1(d) Kaushar Jahan, son of Late Sajda Khatoon and Late Md. Ismail 1(e) Warisa Khatoon, daughter of Late Sajda Khatoon and Late Md. Ismail 1(f) Gazala Khatoon, daughter of Late Sajda Khatoon and Late Md. Ismail 1(g) Md. Jawed, son of Md. Mustafa and Late Farhat Jahan All resident of Majhgaon, P.O. and P.S. Chaibasa, District West Singhbhum .... .... ….
Appellants
Versus Sohel Akhtar, son of Late Faimul Haque, resident of Ward No.13, Chaibasa Municipality, P.O. and P.S. Chaibasa, District East Singhbhum, now residing at Saranda Estate Training Education Forest Campus Chaprasi Colony, P.S. Chaibasa, P.S. Sadra, District West Singhbhum
.... .... .... Respondent
2026:JHHC:13860
2
CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
For the Appellant
: Mr. Arshad Hussain, Advocate
(In both cases) For the Res.Nos.1(a)(b)(c)(d)&(e): Mr. Altaf Hussain, Advocate
Mr. Afaque Ahmed, Advocate
(In S.A. No.188 of 2008) For the Respondent
: Mr. Altaf Hussain, Advocate
Mr. Afaque Ahmed, Advocate
(In S.A. No.190 of 2008)
------
11/06.05.2026 S.A. No.188 of 2008 has been filed being dissatisfied with the
judgment and decree dated 29.08.2008 (decree signed on 08.09.2008) passed by learned Additional District Judge-II, West Singhbhum in Eviction Appeal No.5 of 2006 whereby the learned court of appeal has been pleased to dismiss the appeal and confirmed the judgment and decree dated 30.08.2006 (decree signed on 14.09.2006) passed by learned Munsif, Chaibasa in Eviction Suit No.15 of 2004 has been confirmed.
S.A. No.190 of 2008 has been filed being dissatisfied with the
judgment and decree dated 29.08.2008 (decree signed on 08.09.2008) passed by learned Additional District Judge-II, West Singhbhum in Eviction Appeal No.6 of 2006 whereby the learned court of appeal has been pleased to dismiss the appeal and affirmed the judgment and decree dated 30.08.2006 (decree signed on 14.09.2006) passed by learned Munsif, Chaibasa in Eviction Suit No.14 of 2004 has been confirmed.
The parties in both the appeals are agnates and in view of that both the second appeals have been tagged together. These matters were sent for mediation and pursuant to that the mediation has taken place and both the parties have compromised the matter.
In S.A. No.188 of 2008, I.A. No.16903 of 2025 has been filed for passing necessary order on the basis of compromise.
Learned counsel appearing for the appellants submits that terms and conditions of compromise has been annexed as Annexure -3 in the said I.A. He submits that in view of that, the second appeal may kindly be
disposed of.
Learned counsel for all the respondents accept the said submission and submits that these matters can be disposed of in the light of the settlement.
2026:JHHC:13860
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As such, S.A. No.188 of 2008 is disposed of in the light of the settlement contained in Annexure- 3 of the said I.A.
In S.A. No.190 of 2008, I.A. No.16902 of 2025 has been filed for passing necessary order on the basis of compromise.
Learned counsel appearing for the appellants submits that terms and conditions of compromise has been annexed as Annexure -2 in the said I.A. He submits that in view of that, the second appeal may kindly be
disposed of.
Learned counsel for all the respondents accept the said submission and submits that these matters can be disposed of in the light of the settlement.
As such, S.A. No.190 of 2008 is disposed of in the light of the settlement contained in Annexure- 2 of the said I.A.
Let both the settlement be part of this order.
(Sanjay Kumar Dwivedi, J.)
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