Balika Devi v. Sumitra Devi
IN THE HIGH COURT OF JUDICATURE AT PATNA
CIVIL MISCELLANEOUS JURISDICTION No.147 of 2022 ====================================================== 1.
Balika Devi Wife of Late Biltu Choudhary Resident of Village Godhvar, P.S. and P.O.- Moro, District- Darbhanga.
2.
Babuyejee Choudhary Son of Late Jagdis Choudhary Resident of Village Godhvar, P.S. and P.O.- Moro, District- Darbhanga. 3.
Madan Kumar Choudhary Son of Late Biltu Choudhary Resident of Village Godhvar, P.S. and P.O.- Moro, District- Darbhanga. 4.
Amarjee @ Amar Choudhary Son of Babuyejee Choudhary Resident of Village Godhvar, P.S. and P.O.- Moro, District- Darbhanga. 5.
Nagendra Choudhary Son of Babuyejee Choudhary Resident of Village Godhvar, P.S. and P.O.- Moro, District- Darbhanga. 6.
Sushil Choudhary Son of Late Ram Bilash Choudhary Resident of Village Godhvar, P.S. and P.O.- Moro, District- Darbhanga. 7.
Sanjeev Choudhary Son of Late Ram Bilash Choudhary Resident of Village Godhvar, P.S. and P.O.- Moro, District- Darbhanga. 8.
Ranjeet Choudhary Son of Bebuyejee Choudhary Resident of Village Godhvar, P.S. and P.O.- Moro, District- Darbhanga. ... ... Petitioner/s
Versus
1.
Sumitra Devi Wife of Siya Ram Choudhary Resident of Village- Godhvar, P.S. and P.O.- Moro, District- Darbhanga.
2.
Indra Shekhar Choudhary Son of Late Ramashray Choudhary Resident of Village and P.O.- Majholia, P.S.- Ashok Paper Mills District- Darbhanga. 3.
Arun Choudhary Son of Indra Shekhar Choudhary Resident of Village and P.O.- Majholia, P.S.- Ashok Paper Mills District- Darbhanga. 4.
Ashok Choudhary Son of Indra Shekhar Choudhary Resident of Village and P.O.- Majholia, P.S.- Ashok Paper Mills District- Darbhanga. 5.
Ashis Choudhary Son of Indra Shekhar Choudhary Resident of Village and P.O.- Majholia, P.S.- Ashok Paper Mills District- Darbhanga. 6.
Savitar Devi Wife of Late Awadh Kishore Mishra Resident of Village and P.O.- Thalwara, P.S.- Ashok Paper Mills, District- Darbhanga. 7.
Jai Kumar Choudhary Son of Sri Ram Sagun Choudhary Resident of Village Godhvar, P.S. and P.O.- Moro, District- Darbhanga. 8.
Smt. Shanti Devi Wife of Jai Prakash Choudhary Resident of Village Godhvar, P.S. and P.O.- Moro, District- Darbhanga. 9.
Santosh Sahni Son of Late Baleshwar Sahni Resident of Village- Tisidih, P.S.- Moro, District- Darbhanga.
10.
Dilip Sahni Son of Late Baleshwar Sahni Resident of Village- Tisidih, P.S.- Moro, District- Darbhanga.
11.
Sabana Kumari Daughter of Late Baleshwar Sahni Resident of VillageTisidih, P.S.- Moro, District- Darbhanga.
Patna High Court C.Misc. No.147 of 2022(2) dt.30-06-2022 2/3 12.
Nagina Devi Wife of Late Baleshwar Sahni Resident of Village- Tisidih, P.S.- Moro, District- Darbhanga.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Archana Sinha @ Archana Shahi For the Respondent/s :
====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 30-06-2022 Heard Mrs. Archana Sinha @ Archana Shahi, learned counsel for the petitioners-plaintiffs.
Learned counsel for the petitioners submits that by the impugned order the purchasers of the contesting defendant no. 8 i.e. defendant nos. 9, 10, 11, 12 herein have been added as a party. The suit is for partition. Learned counsel further submits that injunction in favour of the plaintiffs have been allowed by the court below and the plaintiffs are enjoying the suit property but with an intention to delay the suit at the behest of defendant-respondent no. 8, the defendant-respondent nos. 9, 10, 11 & 12 have been added as a party in the suit claiming themselves as purchasers of the suit land.
I have heard learned counsel for the petitioners and gone through the impugned order. It appears that the respondent nos. 9, 10, 11 & 12 have been added as party-defendants on the basis of the fact that they are the purchasers and heirs of the purchasers of the suit property from one of the co-sharers i.e.
Patna High Court C.Misc. No.147 of 2022(2) dt.30-06-2022 3/3 defendant no. 8 and the parties impleaded in the suit are having interest in the suit property, and as such, I do not find any material irregularity and / or jurisdictional error in the impugned order.
Accordingly, this civil miscellaneous application is dismissed.
(Anil Kumar Sinha, J) praful/- U