IN THE HIGH COURT OF JHARKHAND AT RANCHI

S.A. No. 83 of 2021

Jagdish Rana, aged about 68 years, S/o late Chetlal Rana, R/o village

Barkakala, P.S.+P.O Ichak, Dist- Hazaribagh.

… … Plaintiff/Appellant/Appellant

Versus

1. Basudeo Mahato S/o Late Luthan Mahato, age not known R/o vill-

Barkakala, P.S+ P.O.- Ichak & Dist- Hazaribagh

2. Sona Mahato s/o Late Luthan Mahato, age not known R/o vill-

Barkakala, P.S+P.O.- Ichak & Dist-Hazaribagh.

… … Defendants/Respondents/Respondents

3. Mosomat Dhani, aged - not known, w/o late Bhola Rana, R/o

village Barkakala, P.S.+P.O. Ichak, Dist- Hazaribagh

4. Manoj Kumar Rana, aged not known S/o late Bhola Rana, R/o

village Barkakala, P.S.+P.o. Ichak, Dist- Hazaribagh

5. Raj kumar Rana, aged- not known, S/o late Bhola Rana, R/o village

Barkakala, P.S. +PO Ichak, Dist- Hazaribagh

6. Jashwant Kumar Rana, aged not known, s/o late Bhola Rana, R/o

village Barkakala, P.S.+P.O. Ichak, Dist- Hazaribagh

7. Neman Rana, aged - not known, S/o late Chetlal Rana, R/o village

Barkakala, P.S. +Po Ichak, Dist- Hazaribagh

… … Plaintiffs/ Appellants/ Respondents

---

CORAM :HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY

---

For the Appellant : Mr. Ranjit Kr. Sinha, Advocate

: Mr. Onkar Nath Tiwary, Advocate

: Mr. S. Raza, Advocate

: Mr. Navneet Kumar, Advocate

For the Respondents :

---

17/06.01.2026 Heard the learned counsel appearing on behalf of the appellant.

2. This appeal has been filed against the judgment and decree dated 30.06.2021 and 09.07.2021 respectively passed by learned Principal District Judge, Hazaribagh in Civil Appeal (Title) No. 43 of 2019 whereby the learned 1^st appellate Court dismissed the appeal and affirmed the judgment and decree dated 08.05.2019 and 22.05.2019 respectively passed by learned Civil Judge (Jr. Division)-IV, Hazaribagh in Title Suit No. 139 of 2013. The suit was dismissed, 1^st appeal was also dismissed and consequently, the plaintiff no.2 is the

appellant before this Court.

3. Learned counsel for the appellant has submitted that the learned trial court had primarily dismissed the suit by holding that there is no valid cause of action. He has referred to I.A. No. 70 of 2026 filed under Order XLI Rule 27 of the Code of Civil Procedure seeking to adduce additional evidence before this Court and has submitted that further case has been filed by the plaintiff who is the appellant before this Court being Case No. 520 of 2023. He submits that said proceeding under section 144 of Code of Criminal Procedure (in short ‘Cr.P.C.’) was initiated on 29.12.2023 and the case number was 520 of 2023. The learned counsel submits that there is an Anchal Amin report dated 26.12.2024 which is an important piece of evidence.

4. Learned counsel for the appellant has also referred to another I.A. No. 12328 of 2025 seeking to adduce additional evidence by referring to order dated 17.02.2022 passed in case no. 16 of 2021 by the Sub-divisional Magistrate, Sadar, Hazaribagh under section 147 of Cr.P.C. and has submitted that the said case was dropped by the authority by observing that the aggrieved parties may knock the door of civil court of competent jurisdiction for redressal of their grievances. The learned counsel has submitted that there is a valid cause of action and therefore, the judgments passed by both the learned courts holding that there was no valid cause of action, are perverse and accordingly, a substantial question of law be framed taking into account the aforesaid two petitions seeking to adduce additional evidence.

5. After hearing the learned counsel for the appellant, this Court finds that the suit was instituted as back as in the year 2013 showing the cause of action arose on 20.06.2013 and 05.12.2013. The plaintiff claimed adjudication of right, title and possession over schedule-A property and also made a prayer that Khas possession be given to the plaintiff over schedule-B property which is part and parcel of schedule-A property and it was prayed that the defendant be directed not to put any illegal construction over sch