Vibha Devi v. Chhote Lal Singh

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL MISCELLANEOUS JURISDICTION No.1630 of 2018 ====================================================== Vibha Devi wife of Phek Narayan Singh At, P.O. and P.S.- Pasraha, DistrictKhagaria. ... ... Petitioner/s

Versus

1.

Chhote Lal Singh Son of Late Jagarnath Singh R/o Village and P.O.- Mahaddipur, P.S. Pasraha, District- Khagaria. 2.1. Urmila Devi Wife of Late Dinesh Singh, step daughter of Late Mosomat Urmila Devi and Late Manik Lal Singh. R/o Village - Kajgia (Nathnagar) P.O. and P.S. - Nathnagar, District - Bhagalpur. 2.2. Sushila Devi, Wife of Late Sikandar Singh, step daughter of Late Mosomat Urmila Devi and Late Manik Lal Singh. R/o Village - Mahinathpur (Kaliasthan) P.O. - Rishiya, P.S. - Korha, District- Katihar, PIN - 854108. 2.3. Pramila Devi, Wife of Late Suresh Singh, step daughter of Late Mosomat Urmila Devi and Late Manik Lal Singh. R/o village- Kalichakla, P.O. - Mahaddipur, P.S. - Pasraha, District - Khagaria, PIN - 851212. 2.4. Dharamshila Devi, Wife of Suresh Mehta, daughter of Late Mosomat Urmila Devi and Anik Lal Singh, Resident of village - Govindpur, P.O. and P.S. Maheshkhunt, District - Khagaria, at present residing at village - Chhotichak, Ward No. - 20, P.O. Jamalpur Gogri, P.S. Gogri, District - Khagaria, PIN - 851203.

2.5. Rani Kumari, Wife of Vijender Singh, daughter of Late Mosomat Urmila Devi and Anik Lal Singh, R/o village and P.O. - Chandpur, P.S. - Falka, District - Katihar, PIN - 854101.

2.6. Mina Devi, Wife of Chhotelal Singh, daughter of Late Mosomat Urmila Devi and Anik Lal Singh, R/o village and P.O. - Mahaddipur, P.S. - Pasraha, District - Khagaria, PIN 851212.

2.7. Rakesh Kumar, Son of Manik Lal Singh, Son of Late Mosomat Urmila Devi and Anik Lal Singh, R/o village - Pasraha, P.S. Pasraha, District - Khagaria, PIN- 851212.

2.8. Pinky Kumari, Wife of Amar Kumar, daughter of Late Mosomat Urmila Devi and Anik Lal Singh, R/o village - Karna, P.O. - Parbatta, P.S. Parbatta, District - Khagaria, PIN 851216.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Dronacharya For the Respondent/s :

Mr.Rama Kant Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 31-08-2023 Heard the parties.

2. This application has been filed against the order

Patna High Court C.Misc. No.1630 of 2018(6) dt.31-08-2023 2/2 dated 24.07.2018 passed by learned Munsif- Gogri (Khagaria) in T.S. No. 05 of 2016 by which the learned Judge has dismissed the petition dated 12/12/2017 for return of the plaint on the ground that this learned court has pecuniary jurisdiction only to the extent of Rs. 1.50 Lakh, though the two sale deeds challenged in this suit is for consideration of 5,84,000/- & 11,70,000/-.

3. For the same relief, the petitioner had earlier filed an application in the court below on 05.09.2016 which was dismissed on 24.04.2017 and the order remained unchallenged. Thereafter, another application filed on 12.12.2017 for the same relief has been dismissed. There is no illegality in the impugned order, this application is dismissed.

4. Since the title suit is pending from 2013, the court below is directed to conclude the proceedings expeditiously preferably within a year from the date of communication of this order.

5. In view thereof, this application is dismissed. (Sandeep Kumar, J) Ranjeet/- U