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2026 DAILYLAW 594 (JHR)

PRABHAT KUMAR BOSE v. SMT SHANTI SAMAD

SA/123/2018 · 2026-02-02

Anubha Rawat Choudhary

body2026

Judgment text

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2026:JHHC:2622 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI S.A. No. 123 of 2018 1. Prabhat Kumar Bose, son of late Bibhuti Bhusan Bose, aged about 68 years 2. Rajindar Kumar Bose, son of Sri Prabhat Kumar Bose, aged about 41 years: 3. Lakhi Gope, daughter of Sri Prabhat Kumar Bose, aged about 35 years; 4. Sunita Sarkar, daughter of Sri Prabhat Kumar Bose, aged about 32 years; 5. Rita Pal, daughter of Sri Prabhat Kumar Bose, aged about 38 years; 6. Rinki Sonar, daughter of Sri Prabhat Kumar Bose, aged about 28 years; 7. Smt. Geeta Swayan, wife of late Ghasiya Swayan, aged about 55 years; 8. Raju Swayan, son of late Ghasiya Swayan, aged about 38 years; 9. Mohan Swayan, son of late Ghasiya Swayan, aged about 29 years; 10. Sohan Swayan, son of late Ghasiya Swayan, aged about 28 years; All are residents of C.P. Tola, Bagbera, Baroda Ghat, P.O. & P.S. Bagbera, Jamshedpur, District Ear+Singhbhum. … … Plaintiffs/Appellants/Appellants Versus 1. Smt. Shanti Samad, wife of Shri Jagai Samad, resident of Flat No.48, Security Flat, Block, Block No.5, Burmamines P.O. & P.S. Burmamines, Town Jamshedpur, District East Singhbhum. … … Defendant/Respondent/Respondent 2. The Deputy Commissioner, Singhbhum East at Jamshedpur, P.O. & P.S. Jamshedpur, District East Singhbhum … … Proforma Defendant/Respondent --- CORAM: HON’BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY --- 08/2nd February 2026 1. This appeal has been filed against the judgment dated 23.12.2017 (decree signed on 12.01.2018) passed by the learned District & Additional Sessions Judge-IV, East Singhbhum, Jamshedpur in Title Appeal No. 15 of 2015, whereby the appeal has been dismissed. The learned trial court’s 2026:JHHC:2622 2 judgment dated 26.02.2015 (decree signed on 13.03.2015) is passed by the learned Civil Judge (Jr. Division) I, East Singhbhum, Jamshedpur in Title Suit No. 121 of 2007. The suit was dismissed by the learned trial court. 2. On 16.12.2025, when the case was taken up, the learned counsel for the appellants was not in a position to give the date of death of appellant nos. 1, 7 and 8 and also was not in a position to answer the query of this Court as to whether the appellant nos. 1, 7 and 8 had expired prior to 21.03.2025 or thereafter, as the order of restoration of this second appeal was passed on 21.03.2025 in C.M.P. No. 62 of 2020. 3. Today, when the case is taken up, neither the learned counsel for the appellants is present nor any adjournment slip seeking adjournment has been circulated. 4. Accordingly, this appeal is dismissed for non-prosecution. 5. Pending I.A., if any, is closed. 6. Let a copy of this order be communicated to the court concerned through ‘e-mail/FAX’. (Anubha Rawat Choudhary, J.) Dated: 02.02.2026 Mukul/- Uploaded On:04.02.2026