JANKI DEVI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THIS Misc Appeal has been filed against the order dated 19.3.2013 passed by the learned Civil Judge (Senior Division), Hazaribagh, in Title Suit No. 73 of 2012 whereby and where under the petition filed by the appellants under order XXXIX rules 1 and 2 of the Code of Civil Procedure, has not only been rejected, but the order dated 7.7.2012 by which status quo was granted in favour of the appellants has also been vacated.

(2.) THE case of the plaintiff appellants, in brief, is that Tulsi Bedia, father of appellant no.1, purchased two pieces of land measuring an area of 5 decimals under plot no. 1052 and an area of 6 decimals under plot no.1053, khata no. 33 mauja Marar, Thana no.144, Anchal Ramgarh, through registered sale deed No. 12902 dated 2.12.1980 from vendors, namely, Mani Bedia and Kandan Bedia who were descendants of recorded tenant Lal Sahay Bedia.

(3.) IN the land restoration case no. 9 of 2002, an order was passed on 10.10.2003 by which plaintiff no. 2 ( Anil Baran Gope) was directed to hand over possession of the land appertaining to khata no. 1053 measuring an area of 6 decimals after removing all structures standing thereon. Anil Baran Gope, then preferred appeal vide Ran. Case No. 22 of 2003, but he did not get favourable order and it was dismissed on 13.02.2004. Against that appellate order, he preferred land revision case no. 26 of 2004 in which plaintiff no.1 was also made a party. The aforesaid revision case no. 26 of 2004 also stood dismissed on 29.7.2008 and then W.P (C) No. 2626 of 2009 was preferred before High Court which stood dismissed on 13.7.2011. The plaintiff appellant Anil Baran Gope did not stop his journey and filed LPA No. 274 of 2011, but again he failed to obtain any favourable order and the LPA stood dismissed on 7.12.2011. Thus, the original order passed in Land Restoration Case No. 9 of 2002 reached to its finality.