Syed Md. Nasiruddin v. Sanjay Kumar Sinha

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.343 of 2022 In FIRST APPEAL No.586 of 1975 ====================================================== Syed Md. Nasiruddin Son of Late Umar @ Umar Ali, resident of Mohalla - Chouraha Masjid, P.S. - Phulwari Sharif, District- Patna. ... ... Petitioner/s

Versus

1.

Sanjay Kumar Sinha Son of Ranbir Kumar, age not known, Resident of Mohalla - Mithapur, P.S. - Kotwali, District - Patna. 2.

Raju Kumar Sinha Son of Ranbir Kumar, age not known, Resident of Mohalla - Mithapur, P.S. - Kotwali, District - Patna. 3.

Sanjeo Kumar Sinha Son of Ranbir Kumar, age not known, Resident of Mohalla - Mithapur, P.S. - Kotwali, District - Patna. 4.

Punam Kumari Sinha daughter of Ranbir Kumar, age not known, Resident of Mohalla - Mithapur, P.S. - Kotwali, District - Patna. 5.

Rabindra Kumar Son of Late Deolal Singh resident of Village - Hasanpura, P.O. - Phulwari Sharif, District - Patna.

6.

Rabindra Kumar, Son of Ramashish Singh, resident of Village - Sripalpur, P.S. - Punpun, District - Patna.

7.

Shailendra Kumar, Son of Ramashish Singh, resident of Village - Sripalpur, P.S. - Punpun, District - Patna.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anil Kumar Srivastava For the Opposite Party/s :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH and HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER (Per: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH) 22-09-2023 This application has been filed on 03.03.2022, seeking modification of an order dated 15.04.1983, passed by a Coordinate Bench of this Court in F.A. No. 586 of 1975 by adding the petitioner as party in the said First Appeal. It is the

Patna High Court MJC No.343 of 2022(4) dt.22-09-2023 2/2 petitioner's case that a subsequent gift executed by parties to partition T.S. No. 117/64/75 gave the petitioner a cause of action to make this application for modification.

2. In our opinion, the present application filed, 39 years after passing of this court's judgment dated 15.04.1983, is wholly misconceived in the background of the facts noted above.

3. This application is accordingly dismissed. (Chakradhari Sharan Singh, J) (Nawneet Kumar Pandey, J) nishant/- U