Lalan Sahani v. Etwari Lal Sahani And ORS

Patna High Court CWJC No.10725 of 2013 (2) dt.09-09-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10725 of 2013 ====================================================== Lalan Sahani Son Of Late Bihari Sahani Resident Of Mohalla- Sanchi Patti, P.S.- Town Hajipur, District Vaishali.

.... .... Petitioner/s

Versus

1. Etwari Lal Sahani Son Of Late Natha Sahani Resident Of MohallaSanchi Patti, P.S.- Town Hajipur, District Vaishali

2. Mishri Lal Sahani Son Of Late Natha Sahani Resident Of MohallaSanchi Patti, P.S.- Town Hajipur, District- Vaishali

3. Mostt. Sukhaya Devi Widow Of Late Bija Sahani Village Chand Sarai, P.S. Mahua, District- Vaishali

4. Lal Babu Sahani Son Of Late Yogendra Sahani Resident Of Village Dadar, P.S. Sikandrapur District Muzaffarpur

5. Parash Sahni Son Of Late Yogendra Sahani Resident Of Village Dadar, P.S. Sikandrapur District Muzaffarpur .... .... Respondent/s ====================================================== Appearance:

For the Petitioner/s : Mr.

For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 09-09-2016 Heard learned counsel for the petitioner.

Because of the fact that, a co-sharer, as claimed was not at all made party before the learned lower court relating to Partition Suit No.522 of 2004 which ended on the basis of the compromise having effected amongst the parties, petitioner is found well within the ambit of law to challenge the aforesaid judgment and decree and for that, the question of limitation is directed to be kept in abeyance in case, suit is filed within two months.

In terms thereof, instant petition is disposed of. (Aditya Kumar Trivedi, J.) Prakash Narayan U