High CourtsSingle Bench(2018) 02 JH CK 0024

Waizul Haque @ Akal Mian & Ors vs Sanjay Kumar Sahu & Ors

Jharkhand High Court · Decided on 13 February 2018

HON’BLE JUDGES
Shree Chandrashekhar
CASE NUMBER
2101 of 2012

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Judgment

15 paragraphs · 274 words
1.

This writ petition has been listed for hearing as many as on ten occasions. On 23.04.2012 when it was listed for hearing, an interim order

directing the trial Judge not to sign judgment in Title Suit No.110 of 1993 was passed by this Court.

2.

Default on the part of the petitioners has been indicated by this Court in order dated 03.01.2018, which reads as under :

The respondent no.1 has appeared through Mr. Tarun Kumar, the learned counsel. Respondent no.3 has been validly served, however, he has

yet not appeared in the present proceeding.

3.

It appears that now the plaintiff has died. The learned counsel for the petitioner has no instruction whether any application for substitution of the

plaintiff in Title Suit No.110 of 1993 has been filed or not. It is also not known whether any application for substitution of the respondent no.2 has

been taken or not.

4.

By an order dated 23.04.2012 this Court passed an order directing the trial Judge not to deliver the judgment. Thereafter this writ petition has

been listed on as many as eight occasions but the true and correct facts have not been brought to the notice of the Court, still by way of last

indulgence two weeks'' time is granted to the petitioners to file an affidavit on the aforesaid issues.

Post the matter on 02.02.2018.

5.

On the next date of hearing, on the request of the learned counsel for the petitioners, one week''s time was granted for complying with order

dated 03.01.2018. This order has yet not been complied by the petitioners.

6.

The writ petition is dismissed in default.