Indu Kumari v. Most. Shanti Kunwar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL MISCELLANEOUS JURISDICTION No.143 of 2022 ====================================================== 1.

Indu Kumari Wife of Parmanand Sah, Resident of Village Chauraw, P.S. Thawe, District - Gopalganj.

2.

Ramawati Devi, Wife of Shambhu Prasad, Resident of Village Sarari, P.O. Ladhi, P.S. Goreakothi, District - Siwan.

3.

Kalindi Gupta, Wife of Vinay Prakash Gupta, Resident of Village Kamalpur, P.S. Barauli, District - Gopalganj.

4.

Ajay Kumar, Son of Late Satya Narayan Sah, Resident of Village Hajiyapur, Ward No. 26, P.S. Gopalganj, District - Gopalganj. ... ... Petitioner/s

Versus

1.

Most. Shanti Kunwar Wife of Late Kanhaiya Sah, Resident of Village Kathgharawa, P.O. Semarahi, P.S. Jadopur, District - Gopalganj, at present resident of Rajokhar Lagada More Ke Pas, P.O. Manikpur, P.S. Jadopur, District - Gopalganj.

2.

Byas Sah, Son of Late Kanhaiya Sah, Resident of Village Kathgharawa, P.O. Semarahi, P.S. Jadopur, District - Gopalganj, at present resident of Rajokhar Lagada More Ke Pas, P.O. Manikpur, P.S. Jadopur, District - Gopalganj. 3.

Ramakant Sah, Son of Late Kanhaiya Sah, Resident of Village Kathgharawa, P.O. Semarahi, P.S. Jadopur, District - Gopalganj, at present resident of Rajokhar Lagada More Ke Pas, P.O. Manikpur, P.S. Jadopur, District - Gopalganj.

4.

Chanda Devi, daughter of Late Kanhaiya Sah, wife of Vinod Sah, Resident of Village Kathgharawa, P.O. Semarahi, P.S. Jadopur, District - Gopalganj, at present resident of Rajokhar Lagada More Ke Pas, P.O. Manikpur, P.S. Jadopur, District - Gopalganj.

5.

Manju Devi, daughter of Late Kanhaiya Sah, Wife of Baidhnath Sah, Resident of Village Kathgharawa, P.O. Semarahi, P.S. Jadopur, District - Gopalganj, at present resident of Rajokhar Lagada More Ke Pas, P.O. Manikpur, P.S. Jadopur, District - Gopalganj. 6.

Aadar Sah, Son of Late Kanhaiya Sah, Resident of Village Kathgharawa, P.O. Semarahi, P.S. Jadopur, District - Gopalganj, at present resident of Rajokhar Lagada More Ke Pas, P.O. Manikpur, P.S. Jadopur, District - Gopalganj.

7.

Panna Lal Sah, Son of Late Kanhaiya Sah, Resident of Village Kathgharawa, P.O. Semarahi, P.S. Jadopur, District - Gopalganj, at present resident of Rajokhar Lagada More Ke Pas, P.O. Manikpur, P.S. Jadopur, District - Gopalganj.

8.

Singaldeep Sah, Son of Late Bhagwat Sah, Resident of Village Kathgharawa, P.O. Semarahi, P.S. Jadopur, District - Gopalganj, at present resident of Naya Tola Rajokhar, P.O. Manikpur, P.S. Gopalganj, District - Gopalganj.

9.

Bir Bahadur Sah, Son of Late Bhagwat Sah, Resident of Village Kathgharawa, P.O. Semarahi, P.S. Jadopur, District - Gopalganj, at present

Patna High Court C.Misc. No.143 of 2022(2) dt.22-06-2022 2/3 resident of Naya Tola Rajokhar, P.O. Manikpur, P.S. Gopalganj, District - Gopalganj.

10.

Jangi Sah, Son of Late Bhagwat Sah, Resident of Village Kathgharawa, P.O. Semarahi, P.S. Jadopur, District - Gopalganj, at present resident of Naya Tola Rajokhar, P.O. Manikpur, P.S. Gopalganj, District - Gopalganj. 11.

Sheo Kumari Devi, daughter of Late Bhagwat Sah, Wife of Sanjay Gupta, Resident of Village Kathgharawa, P.O. Semarahi, P.S. Jadopur, District - Gopalganj, at present resident of Naya Tola Rajokhar, P.O. Manikpur, P.S. Gopalganj, District - Gopalganj.

12.

Gallar Devi daughter of Late Bhagwat Sah, wife of not named, Resident of Village Kathgharawa, P.O. Semarahi, P.S. Jadopur, District - Gopalganj, at present resident of Naya Tola Rajokhar, P.O. Manikpur, P.S. Gopalganj, District - Gopalganj.

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

For the Petitioner/s :

Mr. Naresh Prasad, Advocate For the Respondent/s :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 22-06-2022 Heard Mr. Naresh Prasad, learned counsel for the petitioner.

The petitioner has challenged the impugned order dated 10.01.2022 by which an application filed under Order 21 Rule 97 CPC for stay of the execution proceeding has been dismissed.

From perusal of the operative portion of the impugned order of learned executing Court it appears that earlier this Court in Misc. Case No. 1400/2016 dated 26.10.2018 had disposed the same and directed for taking further steps in execution case.

I have gone through the impugned order. Accordingly,

Patna High Court C.Misc. No.143 of 2022(2) dt.22-06-2022 3/3 I do not find any irregularity or jurisdictional error in the impugned order. The Court below has rightly dismissed the petition filed by the petitioner under Order 21 Rule 97 CPC. Accordingly, I do not find any merit in this application and the same is dismissed.

(Anil Kumar Sinha, J) S.Ali/- U T