Most. Rampari Devi And ORS v. Sudama Devi And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12660 of 2013 ===========================================================

1. MOST. RAMPARI DEVI, WIFE OF LATE RAJENDRA PRASAD SINHA, RESIDENT OF VILLAGE - HASANPUR, P.S. RAJGIR, DISSTRICT - NALANDA

2. ARBIND PRASAD @ ARBIND KUMAR, SON OF LATE RAJENDRA PRASAD SINHA, RESIDENT OF VILLAGE - HASANPUR, P.S. RAJGIR, DISSTRICT - NALANDA

3. SHAILENDRA KUMAR, SON OF RAM BISHUN MAHTO, RESIDENT OF VILLAGE - HASANPUR, P.S. RAJGIR, DISSTRICT - NALANDA .... .... PETITIONER/S

VERSUS

1. SUDAMA DEVI WIFE OF LATE PARMESHWAR PRASAD RESIDENT OF VILLAGE - HASANPUR, P.S. RAJGIR, DISSTRICT - NALANDA

2. RAM BISHUN MAHTO SON OF LATE BALDEO PRASAD RESIDENT OF VILLAGE - HASANPUR, P.S. RAJGIR, DISSTRICT - NALANDA

3. MOST. USHA DEVI WIFE OF LATE BRIJ NANDAN PRASAD RESIDENT OF VILLAGE - HASANPUR, P.S. RAJGIR, DISSTRICT - NALANDA

4. PRASHANT KUMAR SON OF LATE BRIJ NANDAN PRASAD RESIDENT OF VILLAGE - HASANPUR, P.S. RAJGIR, DISSTRICT - NALANDA

5. NILRATAN KUMAR SON OF LATE BRIJ NANDAN PRASAD RESIDENT OF VILLAGE - HASANPUR, P.S. RAJGIR, DISSTRICT - NALANDA

6. GOLU MINOR SON OF PRASHANT KUMAR UNDER THE GUARDIANSHIP OF FATHER NAMELY PRASHAN KUMAR RESIDENT OF VILLAGE - HASANPUR, P.S. RAJGIR, DISSTRICT - NALANDA

7. SHREEKANT KUMAR SINGH SON OF LATE PARMESHWAR PRASAD RESIDENT OF VILLAGE - HASANPUR, P.S. RAJGIR, DISSTRICT - NALANDA

8. ARBIND KUMAR SON OF LATE PARMESHWAR PRASAD RESIDENT OF VILLAGE - HASANPUR, P.S. RAJGIR, DISSTRICT - NALANDA

9. PRARIT KANT SON OF SHREEKANT KUMAR SINGH RESIDENT OF VILLAGE - HASANPUR, P.S. RAJGIR, DISSTRICT - NALANDA

10. PRATIKSHA KANT SON OF SHREEKANT KUMAR SINGH RESIDENT OF VILLAGE - HASANPUR, P.S. RAJGIR, DISSTRICT - NALANDA

11. KUMAR ISHU MINOR SON OF ARBIND KUMAR UNDER THE GURADIANSHIP OF FATHER ARBIND KUMAR RESIDENT OF VILLAGE - HASANPUR, P.S. RAJGIR, DISSTRICT - NALANDA

12. KUMARI LIJA MINOR DAUGHTER OF ARBIND KUMAR UNDER THE GURADIANSHIP OF FATHER ARBIND KUMAR RESIDENT OF VILLAGE - HASANPUR, P.S. RAJGIR, DISSTRICT - NALANDA

13. INDU DEVI WIFE OF ARUN KUNWAR, D/O OF LATE PARMESHWAR PRASAD RESIDENT OF VILLAGE - NANARA, P.S. NOORSARAY, DISTRICT - NALANDA

14. ARBIND KUMAR SON OF RAJENDRA PRASAD SINHA RESIDENT OF VILLAGE - HASANPUR, P.S. RAJGIR, DISSTRICT - NALANDA

15. AMIT SON OF ARBIND KUMAR RESIDENT OF VILLAGE - HASANPUR, P.S. RAJGIR, DISSTRICT - NALANDA

16. ABHISHEK SON OF ARBIND KUMAR RESIDENT OF VILLAGE - HASANPUR, P.S. RAJGIR, DISSTRICT - NALANDA

17. SANTU SON OF ARBIND KUMAR RESIDENT OF VILLAGE - HASANPUR, P.S. RAJGIR, DISSTRICT - NALANDA

18. MOST. RENU KUMARI WIFE OF LATE JITENDRA KUMAR RESIDENT

OF VILLAGE - HASANPUR, P.S. RAJGIR, DISSTRICT - NALANDA

19. PRARIT SON OF LATE JITENDRA KUMAR UNDER THE GURADIANSHIP OF MOTHER MOST. RENU KUMARI RESIDENT OF VILLAGE - HASANPUR, P.S. RAJGIR, DISSTRICT - NALANDA 20.

TINKU SON OF LATE JITENDRA KUMAR UNDER THE GURADIANSHIP OF MOTHER MOST. RENU KUMARI RESIDENT OF VILLAGE - HASANPUR, P.S. RAJGIR, DISSTRICT - NALANDA

21. KARUNA KUMARI WIFE OF SURENDRA PRASAD, DAUGHTER OF RAJENDRA PRASAD SINHA RESIDENT OF VILLAGE + POST - NIRPUR, P.S. NALANDA, DISTRICT - NALADA

22. MOST. RANJU KUMARI WIFE OF LATE VIJAY PRASAD, SON OF RAJENDRA PRASAD SINHA RESIDENT OF MOHALLA - CHAUK SHIKARPUR, PATNA CITY, DISTRICT - PATNA

23. SUSHILA KUMARI WIFE OF SURENDRA PRASAD, D/O RAJENDRA PRASAD SINHA RESIDENT OF VILLAGE - MAJAITHA, P.S. SILAV, DISTRICT - NALANDA

24. SATYENDRA KUMAR SON OF RAM BISHUN MAHTO RESIDENT OF VILLAGE - HASANPUR, P.S. RAJGIR, DISSTRICT - NALANDA

25. MURARI PRASAD SON OF RAM BISHUN MAHTO RESIDENT OF VILLAGE - HASANPUR, P.S. RAJGIR, DISSTRICT - NALANDA

26. PINKU KUMARI WIFE OF SANJAY KUMAR, D/O RAM BRASHUN MAHTO RESIDENT OF VILLAGE - KATHANPURA, P.S. NOORSARAI, DISTRICT - NALANDA

27. SINTU MINOR SON OF SATYENDRA KUMAR, UNDER THE GUARDIANSHIP OF THEIR FATHER SATYENDRA KUMAR RESIDENT OF VILLAGE - HASANPUR, P.S. RAJGIR, DISSTRICT - NALANDA

28. AKASH MINOR SON OF SATYENDRA KUMAR, UNDER THE GUARDIANSHIP OF THEIR FATHER SATYENDRA KUMAR RESIDENT OF VILLAGE - HASANPUR, P.S. RAJGIR, DISSTRICT - NALANDA

29. TANNU MINOR SON OF SATYENDRA KUMAR, UNDER THE GUARDIANSHIP OF THEIR FATHER SATYENDRA KUMAR RESIDENT OF VILLAGE - HASANPUR, P.S. RAJGIR, DISSTRICT - NALANDA

30. KAJU MINOR SON OF SHAILENDRA KUMAR, UNDER THE GUARDIANSHIP OF THEIR FATHER SHAILENDRA KUMAR RESIDENT OF VILLAGE - HASANPUR, P.S. RAJGIR, DISSTRICT - NALANDA

31. PAPPU MINOR SON OF SHAILENDRA KUMAR, UNDER THE GUARDIANSHIP OF THEIR FATHER SHAILENDRA KUMAR RESIDENT OF VILLAGE - HASANPUR, P.S. RAJGIR, DISSTRICT - NALANDA

32. CHHOTU MINOR SON OF MURARI PRASAD, UNDER THE GUARDIANSHIP OF THEIR FATHER MURARI PRASAD RESIDENT OF VILLAGE - HASANPUR, P.S. RAJGIR, DISSTRICT - NALANDA

33. NANDU MINOR SON OF MURARI PRASAD, UNDER THE GUARDIANSHIP OF THEIR FATHER MURARI PRASAD RESIDENT OF VILLAGE - HASANPUR, P.S. RAJGIR, DISSTRICT - NALANDA

34. SHARADA DEVI WIFE OF KISHORI PRASAD, DAUGHTER OF LATE BALDEO PRASAD RESIDENT OF VILLAGE - JANARAU, P.S. SILAV, DISTRICT - NALANDA .... .... RESPONDENT/S =========================================================== Appearance :

For the Petitioner/s : Mr.

For the Respondent/s : Mr.

=========================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA

ORAL JUDGMENT Date: 20-10-2016 Heard learned counsel for the petitioners and the learned counsel for the respondents.

2. This application, filed on behalf of the petitioners, under Article 227 of the Constitution of India, is directed against the order dated 04.05.2013 passed in Title Suit No. 210 of 2008, whereby the learned Sub-Judge-II, Biharsharif, Nalanda, allowed the application dated 14.03.2013 of the plaintiff/respondent no.1 with direction to defendant nos. 1 and 25/petitioners to lead their evidence first as they have claimed in written statement that the suit property is not joint and has already been partitioned between the parties.

3. I find no illegality in the impugned order amounting to an abuse of the process of the court for interference in an extraordinary jurisdiction under Article 227 of the Constitution of India.

4. Accordingly, this writ application stand dismissed. (Rajendra Kumar Mishra, J) Bhardwaj/- AFR/NAFR CAV DATE Uploading Date 24.10.2016 Transmission Date