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Patna High CourtCWJC/9763/2013rejected

Parwati Devi v. Most. Ram Surati Kuer And ORS

2016-07-01Mr. Justice Aditya Kumar Trivedi2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9763 of 2013 =========================================================== Parwati Devi, D/o Harendra Pratap Singh @ Munniji Singh, Wife of Birendra Singh @ Munna Singh, Resident of Village - Suhawal, P.S. - Chainpur, District - Kaimur (Bhabhua), At Present Ward No. 4/14, P.S.- Bhabhua, District - Kaimur (Bhabhua) .... .... Petitioner

Versus

1. Most. Ram Surati Kuer, Wife of Durga Prasad Singh, Resident of Village - Matar, P.S. Bhagwanpur, District - Kaimur

2. Shashi Devi @ Guddi, Wife Of Jaydeep Singh

3. Most Dhatri Kuer, Wife of Vijay Kumar Singh, Resident of Village - Panikap, P.O. + P.S. - Panuganj, District - Sone Bhadra (U.P.)

4. Jagdip Singh @ Babaloo Singh, Son of Kanhaiya Singh, Resident of Village - Chhowo , P.S. - Durgawati, District - Kaimur

5. Prithvi Nath Sharma, Son of Laku Sharma, Resident of Village - Baurahan, P.S. - Chainpur, District - Kaimur (Bhabhua)

6. Devkali Devi, Wife Of Prithvi Nath Sharma, Resident of Village - Baurahan, P.S. - Chainpur, District - Kaimur (Bhabhua)

7. Shivmuni Kurmi, Son of Raghu Nandan Kurmi

8. Aliyar Chamar, Son of Sukh Nandan Chamar, Resident of Village - Khoradih, P.S. - Chainpur, District - Kaimur .... .... Respondents =========================================================== Appearance :

For the Petitioner : Mr.

For the Respondents : Mr.

=========================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL JUDGMENT Date: 01-07-2016 Heard learned counsel for the petitioner as well as learned counsel for respondent no. 1. Gone through the order impugned.

For the present, the appointment of survey knowing Pleader Commissioner is not warranted in the background of the nature of the suit being a partition suit wherein conclusiveness is yet

Patna High Court CWJC No.9763 of 2013 dt.01-07-2016 2/2 to come.

Therefore, the learned Lower Court had rightly rejected the petition.

Accordingly, the instant petition is rejected. (Aditya Kumar Trivedi, J.) rinkee/- U