Madhulika Sinha @ Madhulika v. Vijayant Sinha @ Gaurav
IN THE HIGH COURT OF JUDICATURE AT PATNA
CIVIL MISCELLANEOUS JURISDICTION No.1251 of 2018 ====================================================== 1.
Madhulika Sinha @ Madhulika Wife of Ranjit Singh, Daughter of Sri Lallaan Prasad Sinha, C-Phase 1/518 Chitrakoot, Vaishali Nagar, Jaipur302021 Rajasthan. 2.
Geetanjali Sinha, Wife of Mr. Mukul Sinha, Daughter of Sri Lallan Prasad Sinha, Flat No. D-4 Shaman Vihar Apartment, Plot No.9 Sector 23 Dwarika, New Delhi- 110075 Near Vardhaman Mall and Basawa International School. 3.
Dr. Somya Sinha, Wife of Dr. Punit, Daughter of Sri Lallan Prasad Sinha, Residing at 331/F Block SRMSIMS, Naimtal Road, P.O.- Bhapura Bareilly 243202 UP.
... ... Petitioner/s
Versus
1.
Vijayant Sinha @ Gaurav Son of Sri Anil Prakash Sinha, Resident of Rajeev Sadan, 67E, Road No.11F Rajendra Nagar, P.S.- Kadamkuan, DistrictPatna. 2.1. Most. Neel Kamal Sinha Wife of Late Sri Lallan Prasad Sinha resident of Rajiv Sadan, 67E, Road No. 11F, Rajendra Nagar, P.S. Kadamkuan, District - Patna.
3.1. Smt. Nita Sinha widow of Late Anil Prakash Sinha, Resident of Rajeev Sadan, 67E, Road No. 11F, Rajendra Nagar, P.S. Kadamkuan, District - Patna.
3.2. Smt. (Dr.) Vijita Sinha (Chaudhary) daughter of Late Anil Prakash Sinha Resident of Rajeev Sadan, 67E, Road No. 11F, Rajendra Nagar, P.S. Kadamkuan, District - Patna.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Jitendra Kishore Verma For the Respondent/s :
Mr.Gouranga Chatterjee ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 01-12-2022 The petitioners are aggrieved by the order dated 23.06.2018 passed in Title Suit No. 5 of 2018 by which their application for impleading them as caveators has been rejected. Learned counsel for the petitioners submits that the father of the petitioners was already a party as an Objector in
Patna High Court C.Misc. No.1251 of 2018(5) dt.01-12-2022 2/3 Probate Case No. 32 of 2017 and after his death the petitioners have been substituted as NR / Objectors.
The limited prayer of the petitioners is that the petitioners may be acknowledged as NR / Objectors in their personal / independent capacity also.
Mr. Gaurang Chatterjee, learned senior counsel for respondent no. 1 and Mr. Shivendra Kumar Sinha, learned counsel for the respondent no. 3 do not have any objection to the aforesaid prayer of the petitioners.
Accordingly, with the consent of the parties, the impugned order dated 23 / 06 / 2018 passed in Title Suit No. 05 of 2018 is set aside and the petitioners are ordered to be acknowledged as NR- Objectors in their personal capacity in Probate Case No. 32 of 2017.
By the order dated 12-02-2018 passed in Civil Miscellaneous No. 30 / 2018 this Court had directed the learned District Court to dispose of all the three cases i.e. Probate Case No. 32 / 2017 converted to Title Suit No. 5 / 2018, Probate Case No. 152 / 2016 converted to Title Suit No. 31 / 2017 and Probate Case No. 31 / 2017 converted to Title Suit No. 4 / 2018 within a period of one year.
In view of the previous order of this court the further prayer of both the learned
Patna High Court C.Misc. No.1251 of 2018(5) dt.01-12-2022 3/3 counsel is that the learned Additional District Judge - X, Patna before whom all the cases are pending may be directed to dispose the same within a reasonable time frame. In view of the aforesaid submission and in view of the fact that earlier this Court had directed for disposal of all the cases within one year, I direct the Additional District Judge-X, Patna to dispose the aforesaid cases within a period of nine months from the date of receipt / production of a copy of this order.
It is made clear no unnecessary adjournments shall be given to either of the parties.
Accordingly, this application is disposed of. (Anil Kumar Sinha, J) praful/- U