SIKUR HO Vs. MARKI HO

JUDGEMENT

(1.) The petitioners are aggrieved of orders dated 21.12.2004 and 31.01.2005 passed in Kolhan Title Appeal No.40 of 2002.

(2.) Grievance of the petitioners is that Misc. Appeal No.40 of 2002 was converted into Title Appeal No.40 of 2002 by the Commissioner, Kolhan Division at Chaibasa by exercising a jurisdiction not vested in it.

(3.) On the issue of powers of the Commissioner to convert Misc. Appeal No.40 of 2002 into an appeal, suffice would be to indicate that there was an application filed by the applicant for converting the miscellaneous case into an appeal. The applicant, who is the appellant in Kolhan Title Appeal No.40 of 2002 was aggrieved of order passed in Kolhan Title Suit No.12 of 1974, against which an appeal would lie. The appellate authority, in my opinion, has rightly ignored the technical objection, in view of the provision for appeal.