Dismissed¶26

Abdul Kudus Sheikh Alias Sona Seikh And Ors. v. Karu Mulla And Ors.

Jharkhand HC4 Mar 2025SA/345/2016

Case brief

AI extract

What is this about?

Jharkhand High Court; S. A. No. 345 of 2016; Anubha Rawat Choudhary, J.; second appeal dismissed for non-prosecution; non-appearance of appellants; repeated adjournments upon payment of cost; Title (Eviction) Suit No. 09 of 2007; Title (Eviction) Appeal No. 03 of 2013; District Judge-I, Pakur; Civil Judge (Sr. Division), Pakur; eviction; Makdampur, Pakur; decided 04.03.2025; interlocutory application closed.

What did the court decide?

The second appeal is dismissed for non-prosecution because nobody appeared for the appellants when the case was called, after it had repeatedly been adjourned at the appellants' request upon payment of cost. ¶26

Abdul Kudus Sheikh Alias Sona Seikh And Ors. Vs Karu Mulla And Ors. — Jharkhand HC (2025) — LawSathi Research

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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S. A. No. 345 of 2016

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Abdul Kudus Sheikh @ Sona Seikh.

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Habibul Seikh @ Mona Seikh

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Mohirul Seikh @ Nabi Seikh All sons of Late Dinu Seikh, resident of Village Makdampur, P.O. Makdampur, P.S. Maheshpur, Sub-Division and District Pakur.

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… … Plaintiffs/Appellants/Appellants

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Versus

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Karu Mulla

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Bharu Mulla Both sons of Late Moharram Mulla, resident of Village Sitarampur, presently residing at Makdampur, P.O. Makdampur, P.S. Maheshpur, Sub-Division and District Pakur.

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… … Defendants 1^st party/ Respondents 1^st Party/Principal

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Respondents

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Omison Bibi wife of Aziz Mandal, resident of Village Kanakpur, P.O. Molaypur, P.S. Moraroi, District Birbhum (W.B.).

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… … Proforma Defendant / Proforma Respondent.

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CORAM :HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY

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--For the Appellant : None For the Respondents : Mr. Anurag Kumar, Advocate. ---

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09 /04.03.2025

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1. Nobody appears on behalf of the appellants.

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2. Learned counsel for the respondents is present.

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3. This appeal has been filed against judgment dated 26.02.2016 passed by learned District Judge-I, Pakur, in Title (Eviction) Appeal No. 03 of 2013 whereby the appeal has been dismissed.

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4. The trial court’s judgment is dated 23.03.2013 passed in Title (Eviction) Suit No. 09 of 2007 by learned Civil Judge (Sr. Division), Pakur whereby the order of eviction has been passed against the appellants.

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5. Today, the case was taken up in the first half and prayer for adjournment was made and the matter was directed to be taken up in

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the second half. However, when the case is called in second half, nobody is appearing on behalf of the appellants.

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6. The records of the case reveal that the case was repeatedly taken up by this Court and was adjourned at the request of the appellants upon payment of cost.

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7. Accordingly, this second appeal is dismissed for nonprosecution.

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

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9. Let this order be communicated to the learned court through FAX/e-mail.

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(Anubha Rawat Choudhary, J.)

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Rakesh/-

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