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2025 Supreme(Jhk) 970

IN THE HIGH COURT OF JHARKHAND AT RANCHI
MR. JUSTICE GAUTAM KUMAR CHOUDHARY, J
Most. Tara Devi – Appellant
Versus
Surji Mandalain – Respondent


Advocate Appeared:
For the Appellant :M/s Rajiv Sinha & Shreesha Sinha, Advocates
For the Respondent:M/s Rita Kumari & Sonal Pandey, Advocates

ORDER :

GAUTAM KUMAR CHOUDHARY, J.

1. The instant appeal is against the order of remand passed by the learned first appellate court.

2. Plaintiff’s suit for partition of his 5/ 6th share in Schedules-A, B and C property was decreed by the learned trial court.

3. Both the plaintiff and defendants preferred Title (Partition) Appeal No. 23/2007 and Title (Partition) Appeal No. 24/2007. The plaintiff was aggrieved by apportionment of share as half in the schedule property, whereas the defendants, who are appellants in Title (Partition) Appeal No. 24/2007, were aggrieved as they claimed 1/ 6th share in the suit property and further the plaintiff had no share in the said property which exclusively belongs to Ludhu Mandal and presently to defendant nos. 1 and 2.

4. The First Appellate Court did not frame any issue(s) for determination and the judgment and decree was set aside and the order of remand was passed on the ground that the plaintiff had not brought the entire joint family property in the schedule of the plaint. The plaintiff was directed to amend his pleading by incorporating and the entire joint family property either sold or still possessed by the parties in the hotchpotch of parti

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