MUKHLAL MAHTO Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) IN I.A. No. 1040 of 2009, the petitioners have prayed for sending the lower court record back to the court below, as the documents available on record are required to be produced in a civil suit, being T.S. No. 10 of 1997, pending in the court of Sub -Judge -I, Chatra.

(2.) IT has been submitted that by order dated 14th March, 2002, this Cr.M.P. was admitted and lower court record was called for. Further proceeding of the court below was also stayed. However, this case could not be finally heard by this Court.

(3.) SUBSEQUENTLY , in U.C. Case No. 48 of 1996 instituted by the Forest Department over the said land, rule was made absolute against the Forest Department and discharged in favour of the petitioners. In order to avoid the said situation, the petitioners have filed a title suit in the court of Subordinate Judge for declaration of their right and title, in which the documents, which are available on this record, are required to be filed. Learned Counsel submitted that the case itself can be finally heard and disposed of.