RANCHI, India, Sept. 28 -- Jharkhand High Court issued the following order on Aug. 28:
1. I have already heard the arguments advanced by Mr. Kundan Kr. Ambastha, learned counsel appearing for the appellants as well as Mr. Shailendra Kumar Singh, learned counsel appearing for the respondents.
2. Instant second appeal has been preferred by original appellant Jewel Oraon (since deceased) and represented through legal representatives being aggrieved and dissatisfied with the judgment and decree dated 21.04.1993 (decree signed and sealed on 07.05.1993) passed by learned 2nd Additional District Judge, Gumla in Title Appeal No.35 of 1979, whereby and whereunder the judgment and decree passed by learned Trial Court dismissing the suit of the plaintiff passed in Title Suit No.16 of 1974 dated 19.02.1979 has been reversed and set aside by the first Appellate Court. Accordingly, suit of the plaintiff was decreed.
3. It is to be mentioned at the very outset that initially the First Appeal No.35 of 1979 was heard and decided by A.J.C. 10th, Ranchi who vide judgment dated 28.03.1980 allowed the appeal setting aside the judgment and decree passed by learned Trial Court and the suit of the plaintiff/appellant was decreed. Against the said judgment, Second Appeal No.94 of 1980(R) was preferred before the Hon'ble High Court, Patna, Ranchi Bench which was decided by the Hon'ble Court vide order dated 15.01.1990 and the judgment passed by Appellate Court dated 28.03.1980 was set aside and the matter was remanded back with certain directions to hear the first appeal afresh and pass fresh judgment in accordance with law. Accordingly, the appeal was reheard and appeal was allowed and the suit of the plaintiff was decreed.
*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=GWFLvJcsCcaCuP2ZVXdouma4%2FH%2BD1Xv5jzloXIqAYQxQSnX68iuxj6Q3wtFxuG%2Fr&caseno=SA/46/1993&cCode=1&cino=JHHC010012661993&state_code=7&appFlag=)
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