Mostt.Nirmala Devi v. Punjab National Bank And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.84 of 2009 ====================================================== Mostt.Nirmala Devi, D/o Late Ram Bilas Ram, resident of Mohalla Chamar Takia, P.S. Sasaram, District Rohtas .... .... Petitioner

Versus

1. Punjab National Bank, through Branch Manager, Sasaram, District Rohtas

2. The Regional Manager, Punjab National Bank, Ramna Maidan, Ara

3. Rajesh Kumar, son of late Ram Bilas Ram

4. Sheo Narayan Prasad, son of late Ram Bilash Ram Both are resident of Mohalla Karansari, P.O./ P.S. Sasaram, District Rohtas .... .... Respondents ====================================================== Appearance :

For the Petitioner/s : None For the Respondent/s : Mr. Sunil Kumar Singh I ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL ORDER 13-01-2015 No one appears for the petitioner. Learned counsel for Punjab National Bank is present.

The prayer of the petitioner in this writ application to the following effect:

"(a) Not to disturb the petitioner's and her two sisters right, possession and enjoyment on her ancestral dwelling house and direct respondent nos. 1 and 2 to recover loan from the share property of borrower and guarantor (respondent nos. 3 and 4) only."

being itself wholly vague, this Court in absence of any demand notice from the Bank must hold the present writ application to be not maintainable.

That being so, this application is dismissed for want of

Patna High Court CWJC No.84 of 2009 (3) dt.13-01-2015 particulars and therefore, nothing said in this order shall stand in the way of the petitioner in seeking remedy as and when if any definite cause of action becomes available to her. (Mihir Kumar Jha, J) surendra/- U