Bhuneshwar Oraon and Others vs Randasi Oraon and Others

Narendra Nath Tiwari, J.—In this I.A., the appellants-applicants have prayed for stay of further proceeding of P.S. No. 28 of 1999. It has been stated that the second appeal arising out of partition suit has been admitted by order dated 1.8.2006, framing substantial questions of law. During the pendency of the appeal, the plaintiff-respondents have been proceeding with the process of preparation of final decree. The respondents'' Pleader Commissioner was appointed in order to disturb the peaceful possession of the appellants. The Pleader Commissioner now submitted report and some of the lands/properties, which were in exclusive possession of the appellants since long, have been allotted to the respondents giving rise to another dispute. It has been stated that if the process of preparation of final decree is not stayed the appellants shall be put to suffer irreparable loss and injury and there are chances of further litigation.

The respondents have appeared in this appeal through their counsel and a copy of this IA was served on the learned Counsel. On the last date, when this IA was taken up, learned Counsel appearing on be-half of the respondents prayed for time to file rejoinder, but the same has not been filed till date.

Heard learned Counsel for the parties and perused the facts and materials available on record. The second appeal has been admitted on the substantial questions of law as to whether the learned appellate Court has committed an error in applying the presumption of Hindu Joint Family in the instant case, though the parties are tribal. Learned Counsel for the appellants submitted that if the process of final decree is not stayed, the same would create complication.

Considering the above and considering that if further proceeding in the final decree is not stayed, there is a chance of further litigation between the parties, the signing of the final decree is stayed during the pendency of the second appeal on the condition that the appellants shall furnish a security bond before the learned Court below for immovable property valued at Rs. 25,000/- assuring the performance of the order/decree, which may be ultimately binding upon them. IA No. 2044 of 2007 stands disposed of. IA No. 2044/2007 disposed of.