Smt. Gayatri Devi v. Smt. Saroj Devi And ANR

Patna High Court C.Misc. No.157 of 2016 (2) dt.05-08-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL MISCELLANEOUS JURISDICTION No.157 of 2016 ====================================================== Smt. Gayatri Devi .... .... Appellant/s

Versus

Smt. Saroj Devi & Anr .... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Pankaj Kumar For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 05-08-2016 Heard learned counsel for the petitioner.

Perused the order dated 19.01.2016 passed by Subordinate Judge-III, Patna City in Title Suit No.129 of 2011 whereby the court below has rejected the intervention application. It appears that the plaintiff-respondent filed the suit for specific performance of contract against the mother of this present petitioner. The present petitioner filed application for being added as party on the ground that she is the daughter of the defendant and has got share in the property. Therefore, mother is not competent to execute the agreement to sell the share of the present petitioner. Therefore, there is conflict of interest between the petitioner and her mother i.e. Most. Ram Pyari Devi. In such view of the matter the learned court below has rightly rejected the application filed by the petitioner. Thus, this civil miscellaneous application is dismissed. Harish/- (Mungeshwar Sahoo, J) U