Patna High CourtC.Misc./852/2018dismissed

Sita Devi v. Bhushan Prasad And ANR

2018-07-31Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL MISCELLANEOUS JURISDICTION No.852 of 2018 ======================================================

1. Sita Devi, Wife of Deonandan Prasad, D/o Chhotu Mahto, R/o MohallaMurarpur, Adda Town and P.O.- Biharsharif, Police Station- Laheri, DisttNalanda. .... .... Petitioner

Versus

1. Bhushan Prasad, Son of Late Chhotu Mahto, R/o Mohalla- Mathutiya Banga ni Khand near Arya Samaj Mandir Town and PO Biharsharif, P.S.- Biharsharif, Distt- Nalanda.

2. Urmila Devi, Wife of Parmeshwar Dayal, D/o Chhotu Mahto, R/o Mohalla- Ramchandrapur, Kushwaha Colony Town and PO Biharsharif, Police Station- Laheri, Distt- Nalanda.

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

For the Appellant/s : Mr. Nand Lal Prasad Sinha For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 31-07-2018 Heard learned counsel for the petitioner.

The petitioner has filed this Civil Miscellaneous petition against the order dated 22.05.2014 by which Title Suit No.33/1993, Title Suit No.153/2013 and Title Suit No.346/2013 along with Title Suit No.204/2013 are directed to be heard by one court and all the cases were transferred to the court of Sub-JudgeII, Biharsharif for hearing and disposal. Learned counsel for the petitioner submits that the petitioner filed Partition Suit No.204/2013 for partition of the property standing in the name of her mother but in other case the parties have sought partition of entire ancestral property. The suit

Patna High Court C.Misc. No.852 of 2018 (2) dt.31-07-2018 2/2 filed by the petitioner bearing Title suit No.204/2013 is fixed for hearing but it appears that since the parties are common and all the suits relate to the partition of property, I do not find any illegality in the order of learned District Judge, Nalanda, who transferred all the cases to one court for hearing.

Accordingly, this Civil Miscellaneous petition is dismissed.

(Prabhat Kumar Jha, J) Amit/- U