Ashish Kumar Mahto @ Sonu @ Ashutosh Kumar Mahto v. Smt. Bhawani Devi 7 ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.10742 of 2014 In CIVIL REVISION No.137 of 2012 ====================================================== Ashish Kumar Mahto @ Sonu @ Ashutosh Kumar Mahto son of Late Uma Shankar Mahto, resident of Ward No.5, Town, P.S. and District-Madhubani, at present residing house of Suresh Kumar Khan, Mohalla-Gudri Road, Town & P.S.-Dalsingsarai, District-Samastipur.
.....Defendant No.3 ... Petitioner
Versus
1. Smt. Bhawani Devi wife of Sri Kailash Chandra Nayak and daughter of Badri Narayan Mahto, resident of ward no.9, Town & P.S.-Jaynagar, DistrictMadhubani. ...Plaintiff.... Opposite Party.
2. Smt. Sita Devi wife of Shri Dhirendra Kumar Mahto, resident of Ward No.1, Mahadeo Math, Dak Bungalow Road, Town and P.S.- Rosera, DistrictSamastipur.
3. Smt. Bina Devi, wife of Shri Ohm Panjiyar, Mohalla- Ganj, Town & P.S.- Dalsingsarai, District-Samastipur.
4. Smt. Rekha Devi, widow of late Uma Shankar Mahto, resident of MohallaPurani Chatti (Bara Bazar), Ward No.5, Town, P.S. & District-Madhubani. ..Defendants ... Respondents.
====================================================== Appearance :
For the Petitioner/s :
Mr.Arun Kumar, Advocate For the Respondent/s :
Mr.Shashi Nath Jha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 10-07-2024 The present writ petition has been filed seeking the following relief:- "1.
That the present application is directed against the order dtd. 26.04.2012 passed in Partition Suit No. 216 of 2010 by Sub-Judge-I, Madhunani whereby and whereunder the petition filed on 22.12.2011 by the defendant no. 3-petitioner raising a preliminary issue of jurisdiction has been disposed of with an observation that the same will be considered at the time of final hearing." 2.
At the outset, the learned counsel for the
Patna High Court CWJC No.10742 of 2014(5) dt.10-07-2024 2/2 petitioner seeks not to press the writ petition, however, seeks liberty on behalf of the petitioner to raise all the issues, raised in the present petition, before the learned Court of Sub-Judge-I, Madhubani, in the pending Partition Suit No.216 of 2010, in case any cause of action still survives.
3.
Liberty, so sought, is granted.
4.
The writ petition stands disposed off.
(Mohit Kumar Shah, J) kanchan/- U