Shrimati Sona Devi v. Shushil Jha
IN THE HIGH COURT OF JUDICATURE AT PATNA
CIVIL MISCELLANEOUS JURISDICTION No.512 of 2025 ====================================================== Shrimati Sona Devi Wife of Vimalesh Jha, Resident of Village- Bankatta, P.O.- Bankatta, P.S.- Benipatti, District- Madhubani. ... ... Petitioner/s
Versus
1.
Shushil Jha Son of Late Maheshwar Jha Resident of Village- Bankatta, P.O.- Bankatta, P.S.- Benipatti, District- Madhubani. 2.
Indra Kant Jha, Son of Late Chandra Shekhar Jha Resident of VillageBankatta, P.O.- Bankatta, P.S.- Benipatti, District- Madhubani. 3.
Bijay Kumar Jha, Son of Late Kumar Kant Jha Resident of VillageBankatta, P.O.- Bankatta, P.S.- Benipatti, District- Madhubani. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ramesh Kumar Choudhary For the Respondent/s :
Mr.
====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER 10-02-2026 Heard learned counsel for the petitioner.
2. The instant civil miscellaneous application has been filed against the order dated 12.11.2024 passed by learned Civil Judge, Senior Division-1, Benipatti, in Title Suit No. 110 of 2016 whereby a petition filed by plaintiff/petitioner on 11.07.2024 for withdrawing the title suit was allowed by the learned court with a direction to the plaintiff/petitioner to pay cost of Rs. 75,000/- to each defendants and also pay cost of Rs. 2,25,000/- to District Legal Service Authority, Madhubani.
3. Learned counsel for the petitioner submits that he has filed Title Suit No. 110 of 2016 and after lapse of eight years, he has withdrawn the above suit. As per impugned order, defendant has been harassed in this case for the last about eight years.
Patna High Court C.Misc. No.512 of 2025(2) dt.10-02-2026 2/2
4. Learned counsel further submits that while allowing the withdrawal petition, heavy costs were imposed upon the plaintiff/petitioner, i.e. Rs. 75,000/- payable to each of the defendants and Rs. 2,25,000/- payable to the District Legal Services Authority, Madhubani, which is unreasonable and excessive. It is submitted that the petitioner is willing to compensate each of the defendants by paying Rs. 5,000/- to each of them.
5. Keeping in view the aforesaid facts and circumstances, the petitioner is directed to pay Rs. 5,000/- to each of the defendants within a period of one month from the date of receipt/production of this order. However, so far as the direction to pay Rs. 2,25,000/- to the District Legal Services Authority, Madhubani is concerned, the same is hereby set aside, and the petitioner shall not be liable to pay the said amount.
6. With the aforesaid modification in the impugned order, the present petition stands disposed of. (S. B. Pd. Singh, J) Ankit Kumar/- U