High CourtsSingle Bench(2025) 12 JH CK 1909

Kedar Prasad vs Churaman Das Bhadani (dead and substituted vide order dated 20.11.2019)

Jharkhand High Court · Decided on 15 December 2025

HON’BLE JUDGES
Anil Kumar Choudhary, J
RESULT
Allowed
CASE NUMBER
Second Appeal No. 106 Of 2006

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Judgment

11 paragraphs · 226 words

Anubha Rawat Choudhary, J

1.

Nobody appears on behalf of the appellant.

2.

This appeal has been filed against the judgment and decree dated 16.02.2006 (decree signed on 03.03.2006) passed by learned Additional District Judge, Fast Track Court-I, Giridih in Title Appeal No. 57 of 1983 whereby the appeal was allowed and judgment and decree dated 24.08.1983 (decree signed on 01.09.1983) passed by learned Additional Subordinate Judge, Giridih in Title Suit No. 56 of 1977/ 8 of 1983 has been set-aside.

3.

The suit was dismissed and the appeal was allowed. Consequently, the order of eviction was passed. This appeal was admitted on 06.12.2007.

4.

Today, when the case is taken up, nobody is appearing on behalf of the appellant and no advance notice seeking adjournment has been circulated.

5.

On 16.06.2022, the case was adjourned by way of last chance. Thereafter, on 18.08.2022, the case was adjourned upon payment of cost of Rs. 1,000/-. Thereafter, again the case was adjourned at the instance of the appellant.

6.

Since nobody is appearing on behalf of the appellant, this case is dismissed for non-prosecution.

7.

Interim order is vacated.

8.

Pending interlocutory application, if any, is dismissed as not pressed.

9.

Let the records received from the learned Courts concerned be sent back forthwith.

10.

Let this order be communicated to the learned Court concerned through ‘FAX/email’.