Patna High Court Dismisses Appeal in Land Dispute Case — Adjournment Granted. The court allowed the appellants' request for a two-week adjournment to prepare for the hearing.

High Court: Patna High Court
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Case Note & Summary

The case involved an appeal filed by Sudheshwar Mahto and others against Baldeo Mahto and others concerning a land dispute. The appeal was registered as First Appeal No. 44 of 1978 in the Patna High Court. On 30th July 2012, the appellants' counsel requested an adjournment of the hearing for two weeks. The court, presided over by Justice V. Nath, granted the request for adjournment. The decision to postpone the hearing indicates the court's willingness to accommodate the appellants' request, allowing them additional time to prepare or present their case. The matter was scheduled to be taken up again after the two-week period.

Headnote

A) Civil Procedure - Adjournment - Request for Adjournment - Code of Civil Procedure, 1908 - The appellants requested for an adjournment of the matter for two weeks, which was granted by the court. The court's decision to adjourn the hearing reflects the procedural flexibility allowed under the Code of Civil Procedure. Held that the matter would be taken up after the specified period (Para 3).

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Issue of Consideration

Whether the appeal should be heard or adjourned.

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Final Decision

The court granted the appellants' request for a two-week adjournment.

Law Points

  • Adjournment
  • Appeal
  • Land Dispute
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Case Details

FA No.44 of 1978

2012-07-30

V. Nath

Mr. Barj Kishore, Mr. Anirudh Pd. Verma, Mr. Jagtanand Pd., Mr. Sri Deo Nr., Mr. Jageshwar Pd. Sinha, Mr. Rajendra Sinha

Sudheshwar Mahto & Ors

Baldeo Mahto & Ors

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Nature of Litigation

Appeal in a land dispute case.

Remedy Sought

Appellants sought an adjournment of the hearing.

Issues

Whether the appeal should be heard or adjourned

Submissions/Arguments

Appellants requested for a two-week adjournment.

Ratio Decidendi

The court exercised its discretion to grant an adjournment as per procedural norms.

Judgment Excerpts

As prayed for on behalf of the appellants, put up this matter after two weeks.

Procedural History

The appeal was filed and came up for hearing on 30-07-2012.

Acts & Sections

  • Code of Civil Procedure, 1908:
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