- (1.) F.A. No. 379 of 1991 has been preferred against the judgment dated 3rd September, 1991 and decree dated 13th September, 1991, passed and signed by Subordinate Judge-V, Ranchi, in connection with Title Partition Suit No. 86 of 1988, whereby and whereunder, the suit filed for partition has been decreed in part in favour of the plaintiffs. F.A. No. 95 of 2007 and F.A. No. 107 of 2007 have been preferred by Mukul Bhagat, son of Late Santosh Lal Bhagat [Original Defendant No. 7(b)] and Saroj Bhagat, wife of Pradeep Kumar Bhagat [Original Defendant No. 1(a)], respectively, against the final decree dated 17th March, 2007, arising out of judgment dated 9th September, 2004 passed by this Court in F.A. No. 379 of 1991(R), whereby and whereunder, this Court had been pleased to allow the first appeal in part.
(2.) In F.A. No. 379 of 1991(R), the appellants were plaintiffs and respondents were defendants in the court below.
(3.) It appears from the record that by judgment dated 9th September, 2004, F.A. No. 379 of 1991(R) was allowed in part. Thereafter, the matter went up to the Hon'ble Supreme Court. After grant of leave, arising out of S.L.P. (Civil) No. 4493 of 2007, Civil Appeal No. 8222 of 2012 was disposed of by order dated 22nd November, 2012 and the judgment dated 9th September, 2004 passed by this Court has been set aside and the matter has been remanded back with the following observations and directions:-- "The High Court may now re-hear the appeal in question afresh and pass appropriate orders in accordance with law as expeditiously as possible and preferably within six months from the date the parties appear before it. The parties are directed to appear before the High Court either personally or through their counsel on 3.12.2012. We make it clear that no further notice shall be necessary to be served to any of the parties and the Court shall be free to proceed ex-parte against anyone absenting from hearing. We make it clear that Abha Bhagat, Ritu Bhagat and Saroj Bhagat, legal representatives left behind by Shri Pradeep Bhagat may make arrangement for their representation before the High Court failing which adverse consequence may follow against them. The appeal is allowed with the above directions leaving the parties to bear their own costs.";