Dismissed¶31

Jamruddin Ansari v. Salamat Ansari And Ors.

Jharkhand HC4 Mar 2025SA/338/2016

Case brief

AI extract

What is this about?

Jharkhand High Court, Ranchi - Second Appeal No. 338 of 2016 (Jamruddin Ansari v. Salamat Ansari & Ors.) - dismissed for non-prosecution on 04.03.2025 by Anubha Rawat Choudhary, J.; nobody appeared for appellant; appeal earlier restored on 06.12.2019 in CMP No. 211 of 2019 after dismissal dated 19.02.2019; death of respondent no. 10 reported 04.08.2022; underlying dispute: Partition Suit No. 140 of 2006 and Title Appeal No. 44 of 2009; Rs. 1,000/- adjournment cost; no decision on merits; interlocutory applications closed.

What did the court decide?

The appeal is dismissed for non-prosecution as nobody appeared on behalf of the appellant when the case was called out, the court observing that the appellant appears not interested in pursuing the case. ¶31

Jamruddin Ansari Vs Salamat Ansari And Ors. — Jharkhand HC (2025) — LawSathi Research

¶1

IN THE HIGH COURT OF JHARKHAND AT RANCHI

¶2

Second Appeal No. 338 of 2016

¶3

Jamruddin Ansari, S/o Late Gaffur Ansari, resident of Village: Karanji, P.O. Khatri Khatnga, P.S. Bero, District-Ranchi

¶4

… … … … Plaintiff/Respondent / Appellant

¶5

Versus

¶6

Salamat Ansari

¶7

Safruddin Ansari

¶8

Karamat Ansari

¶9

Jahangir Ansari

¶10

Mutanjir Ansari SI No. 1 to 5 all sons of Late Ememuddin Ansari

¶11

Raseed Ansari

¶12

Kalim Ansari

¶13

Khalil Ansari

¶14

Safique Ansari

¶15

SI No. 6 to 9 all sons of Late Mehandi Ansari

¶16

10.Abbas Ansari, S/o Late Gafur Ansari

¶17

11.Mobrak Ansari

¶18

12.Attaul Ansari

¶19

Both sons of Late Ajmuddin Ansari SI No. 1 to 12 residents of Village-Kasanji, Khatri Khatanga, P.O. P.S. Bero, District-Ranchi …

¶20

…. .. Defendants/Appellants/Respondents

¶21

¶22

CORAM :HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY

¶23

¶24

For the Appellant : None For the Respondents : None

¶25

¶26

13 /04.03.2025 Nobody appears on behalf of the appellant.

¶27

2. This appeal has been filed against the judgment and decree dated 21.04.2016 (decree sealed and signed on 02.05.2016) passed by learned Additional Judicial Commissioner, XVIII, Ranchi whereby Title Appeal No. 44 of 2009 has been dismissed which was filed by the plaintiff/appellant and judgment and decree dated 28.02.2009 and 20.03.2009 respectively passed by learned Sub Judge-I, Ranchi in Partition Suit No. 140 of 2006 has been affirmed to some extent.

¶28

3. Records of the case reveal that in the order dated 04.08.2022 it was reported that respondent no. 10 has expired. Earlier this appeal was dismissed for non-prosecution vide order dated 19.02.2019 and was restored vide order dated 06.12.2019 passed in CMP No. 211 of

¶29

After restoration the matter was taken up on 11.01.2023 and on that day the appellant had prayed for time which was allowed as a last chance. Thereafter the case was taken up on 28.03.2023 and appellant again prayed for time which was allowed subject to deposit of Rs. 1,000/- as cost.

¶30

4. Today, when the case is called out, nobody is appearing on behalf of the appellant. It seems that appellant is not interested in pursuing this case.

¶31

5. Accordingly, this appeal is dismissed for non-prosecution.

¶32

6. Pending interlocutory application, if any, is closed.

¶33

7. Let this order be communicated to the concerned court through FAX/e-mail.

¶34

(Anubha Rawat Choudhary, J.)

¶35

Binit

¶36