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Patna High CourtC.Misc./210/2023disposed

Shashank Singh v. Madhumai Singh

2023-09-08Mr. Justice Sandeep Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL MISCELLANEOUS JURISDICTION No.210 of 2023 ====================================================== 1.

Shashank Singh Son of Rana Bharat Singh Resident of Village-Bhaluhipur Kothi, P.S. Arrah Town, Distrtict-Bhojpur, Bihar (8023001). 2.

Rana Bharat Singh @ Bharat Kumar Singh Son of Ram Ayodhya Singh Resident of Village-Bhaluhipur Kothi, P.S. Arrah Town, Distrtict-Bhojpur, Bihar (8023001).

... ... Petitioners

Versus

1.

Madhumai Singh Wife of Late Krishna Pratap Narain Singh Resident of Village-Bhaluhipur P.S.- Arrah Town, Distrtict-Bhojpur at Bihar Arrah. 2.

Richa Singh @ Akansha Narain Singh Minor daughter of Late Krishna Pratap Narain Singh Resident of Village-Bhaluhipur P.S.- Arrah Town, Distrtict-Bhojpur at Bihar Arrah.

3.

Pradip Kumar Singh Son of Late Ram Ayodhya Singh Resident of MohallaBhaluhipur P.S.- Arrah Town, Distrtict-Bhojpur. 4.

Dilip Kumar Singh Son of Late Ram Ayodhya Singh Resident of MohallaBhaluhipur P.S.- Arrah Town, Distrtict-Bhojpur. 5.

Pratik Kuamr Singh @ Yash Singh Son of Pradip Kumar Singh Resident of Mohalla-Bhaluhipur P.S.- Arrah Town, Distrtict-Bhojpur. 6.

Arvind Kumar Singh Son of Late Ram Sewak Singh Resident of MohallaBhaluhipur P.S.- Arrah Town, Distrtict-Bhojpur. 7.

Sidharth Singh Son of Krishna Kumar Singh Resident of MohallaBhaluhipur P.S.- Arrah Town, Distrtict-Bhojpur. 8.

Durga Singh Wife of Dr. Gulab Singh Resident of Mohalla-K.G. Road, Near Chamkili Kothi, P.S. Nawada Arrah, District-Bhojpur. 9.

Kamla Singh Widow of Late Kuwar Bhartendu Singh Resident of VillageUhasha, P.S. Burhar, District-Shahdah, Madhya Pradesh 10.

Krishna Singh Widow of late Brijendra Pratap Singh Sector 18, Rohini, Delhi at Present address Flat no. 506 SFC Flat, Block-C, Sector-19, Delhi. 11.

Anupma Singh Wife of Dr. Pradip Kumar House No. 53, Lane No. 3, Keshaw Bihar Colony, G.M.S. Road, Dehradun, Uttarakhand. 12.

Archana Singh Wife of Priya Ranjan Kumar Singh Resident of VillageManer, Behind Petrol Pump, near Durga Mandir, Purwari Patti, P.S. Maner, District-Patna.

13.

Neha Singh Daughter of Krishna Kumar Singh Bhaluhipur, P.S. Arrah Town, District-Bhojpur.

14.

Jay Singh Daughter of krishna Kumar Singh Village-Bhaluhipur, P.S. Arrah Town, District-Bhojpur.

15.

Smt. Sunita Tiwari Wife of Keshaw Tiwari, Village-Sunderpur, Barja, P.S. Behia, District-Bhojpur.

16.

Gayatri Mishra Wife of Sushil Kumar Mishra Resident of Mohalla-Shital

Patna High Court C.Misc. No.210 of 2023(4) dt.08-09-2023 2/3 Tola, Devi Gali, P.S. Arrah Town, District-Bhojpur. 17.

Urmila Devi Wife of Ramanuj Pandey, Village-Sabalpur, P.S. Barohara, District-Bhojpur.

18.

Gauri Shankar Pandey Son of Awadhesh Kumar Pandey Resident of VillageBabura, P.S. Barahara, District-Bhojpur. 19.

Vijay Kumar Pandey Son of Awadhesh Kumar Pandey Resident of VillageBabura, P.S. Barahara, District-Bhojpur. 20.

Krishna Kumar Pandey Son of Awadhesh Kumar Pandey Resident of Village-Babura, P.S. Barahara, District-Bhojpur. 21.

Most. Chandrashila Devi Wife of Shashi Kant Pandey Resident of VillageKhargaon, P.S.Chandi, District-Bhojpur. 22.

Mira Devi Wife of Dipak Kumar Singh Resident of Village - Deoriya, P.O. Sripalpur, P.S. Koilawar, District-Bhojpur.

... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajendra Narain, Sr. Advocate Mr. Arya Narain, Advocate Mr. Harendra Prasad Singh, Advocate Mr. Adarsh Raj Singh, Advocate Mr. Saurabh Kumar, Advocate Ms. Pooja Kumari, Advocate For the Respondents :

Mr. Anjani Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 08-09-2023 Learned counsel for the petitioners and learned counsel for the respondent no.4 jointly agree that the expenses of the petitioner no.1 for pursuing his course in Bristol University (U.K.), will be met if the petitioners are allowed to sell 17 decimal of land from C.S. Khata No.23, C.S. Plot No. 212, Thana No. 247, Mauza-Singhi Balihar, District- Bhojpur. 2.

In view of the above submission of the parties, the petitioners are permitted to sell the aforesaid 17 decimal of land to a buyer. In the sale deed, it shall be

Patna High Court C.Misc. No.210 of 2023(4) dt.08-09-2023 3/3 mentioned that the land is being sold pursuant to the orders of this Court. The details of the suit shall also be mentioned in the sale deed.

3.

The aforesaid sale by the petitioners shall be adjusted against their shares at the time of preparation of the final decree.

4.

Since the suit is of the year 2008, the Sub Judge concerned is directed to decide the suit within one year from the date of receipt/production of a copy of this order. 5.

The parties will cooperate in the disposal of the suit. The suit will proceed ex parte against non-cooperating party.

6.

The petitioner is directed to file his degree in the Court below.

7.

With the aforesaid observations and directions, this application is disposed of.

(Sandeep Kumar, J) pawan/- U