Radha Binod Kumar v. Jawahar Mahto And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL MISCELLANEOUS JURISDICTION No.1522 of 2018 ====================================================== Radha Binod Kumar son of Late Brahamdeo Sah @ Brahamdev Prasad Resident of Village and P.O.- Sadpur, Pergana Sub- Division- Ballia, P.S. and Anchal- Sahebpur Kamal, District- Begusarai.

... ... Petitioner/s

Versus

1.

Jawahar Mahto and Ors son of Late Ganesh Mahto Resident of Village and P.O.- Sadpur, Pergana Sub- Division- Ballia, P.S. and Anchal- Sahebpur Kamal, District- Begusarai.

2.

Subash Mahto son of Late Ganesh Mahto 3.

Tara Devi wife of Late Achhey Lal Mahto 4.

Deban Mahto son of Late Ganesh Mahto All 2 to 4 are Resident of Village and P.O.- Sadpur, Pergana Sub- Division- Ballia, P.S. and Anchal- Sahebpur Kamal, District- Begusarai.

5.

Parma Nand Mahto son of Late Laddu Lal Mahto 6.

Bibeka Nand Mahto son of Late Laddu Lal Mahto 7.

Prem Sagar Mahto son of Late Laddu Lal Mahto All 5 to 7 are Resident of Village and P.O.- Sadpur, Pergana Sub- Division- Ballia, P.S. and AnchalSahebpur Kamal, District- Begusarai. 8.

Ranjit Kumar son of Sukhdeo Mahto 9.

Smt. Rajo Devi wife of Shree Bhatu Sao Both 8 and 9 are Resident of Village and P.O.- Sadpur, Pergana Sub- Division- Ballia, P.S. and AnchalSahebpur Kamal, District- Begusarai. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ranjan Kumar Dubey, Mr. Ashish Anand, Adv Mr. Bambam Kumar, Adv Mr. Binod Gautam For the Respondent/s :

Mr.Abhoy Kumar Sinha Mr. Arun Kumar, Adv ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 29-08-2023 Heard the parties.

2. This application is filed for quashing the order dated 11.07.2018 passed in Title Suit No. 257 of 2006 passed by Learned Sub Judge cum A.C.J.M., Ballia, Begusarai.

Patna High Court C.Misc. No.1522 of 2018(8) dt.29-08-2023 2/2

3. From the impugned order, it appears that the court below has rightly directed the addition of the intervener as defendant in this case because he is a purchaser of the suit property and they claim that they are in possession.

4. The intervener appears to be necessary and proper party. For the ends of justice and to avoid multiplicity of the suit, the intervener has rightly been directed to be added as defendant. This application is disposed of with direction to the Learned Sub Judge cum A.C.J.M., Ballia, Begusarai to decide the suit within a year.

5. The Learned Sub Judge cum A.C.J.M., Ballia, Begusarai is directed to send the compliance report to this Court.

(Sandeep Kumar, J) Sunnykr/- U T