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2017 Supreme(Jhk) 115

APARESH KUMAR SINGH
Kavita Devi @ Kavita Dalmia – Appellant
Versus
State of Jharkhand through the Deputy Commissioner, Giridih – Respondent


Advocates Appeared:
For the Petitioners: M/s Sumeet Gadodia, Anurag Kashyap
For the Respondent-State: Mr. Atanu Banerjee

Order :

Heard counsel for the parties.

2. Petitioners apprehending forceful dispossession from the suit land comprising Plot No. 179 Thana No. 101 Khata No. 80 area 173 decimal situate at Mouza Lakhari P.S. Giridih (T) district Giridih, as described in the plaint at Annexure-3, instituted Title Suit No. 221/2016 before the Sub Judge-I, Giridih with a prayer for declaration of their right, title and interest over the suit land; restraint upon the Respondents from dispossessing the plaintiffs from the suit land during pendency of the suit and changing the nature and character of the suit land and injunction being made final at the time of judgment and decree; cost, if any, which they may be entitled. Though, defendants are State Officers requiring service of notice under section 80 of Code of Civil Procedure before institution of the suit, but due to urgency shown, by way of an application made under Order 39 Rule 1 and 2 of Code of Civil Procedure (Annexures-4&5), plaintiffs sought waiver of the requirement for early hearing of injunction petition itself. Learned Sub Judge-I, Giridih passed the following order on 20.12.2016 :-

“Plaintiff files attendance through lawyer.

Heard Ld. Court









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