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Patna High CourtC.Misc./751/2023dismissed

Urmila Kumari @ Urmila Sharma v. Krishna Murari Sharma @ Murari Sharma

2025-03-27Mr. Justice Arun Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL MISCELLANEOUS JURISDICTION No.751 of 2023 ====================================================== Urmila Kumari @ Urmila Sharma Daughter of Late Deen Dayal Sharma Resident of Village- Jadhua Hazipur, Police Station- Town, District- Vaishali at Hazipur.

... ... Petitioner/s

Versus

1.

Krishna Murari Sharma @ Murari Sharma Son of Late Jamun Sharma Resident of Village- Jadhua Hazipur, Police Station- Town, DistrictVaishali. 2.

Gajendra Rai Son of Late Hulasi Rai Resident of Village- Raghopur, Police Station- Judawanpur, District- Vaishali, Presently Residing at MohallaJadhua, Police Station- Town, District- Vaishali at Hazipur. 3.

Paras Nath Rai Son of Ram Nandan Rai Resident of Mohalla- Jadhua, Police Station- Town, District- Vaishali at Hazipur. 4.

Smt. Malti Devi Daughter of Late Deen Dayal Sharma, wife of Harihar Sharma Resident of Village- Bakhari Supain, Police Station- DistrictVaishali. 5.

Smt. Maya Devi Daughter of Late Deen Dayal Sharma, wife of Late Laxmishwar Prasad Resident of Ashok Raj Path, Patna. 6.

Smt. Mala Devi Daughter of Late Deen Dayal Sharma, wife of Late Rajiv Sharma @ Raju Sharma Resident of Samastipur- Tajpur Raod, DistrictSamastipur. 7.

Binod Sharma Son of late Deen Dayal Sharma Resident of Mohalla- Jadhua, Police Station- Town, District- Vaishali at Hazipur. 8.

Raj Ballabh Sharma Son of Late Deen Dayal Sharma Resident of MohallaJadhua, Police Station- Town, District- Vaishali at Hazipur. 9.

Most Ram Sakhi Devi Wife of Late Sheo Pujan Sharma Resident of Mohalla- Jadhua, Police Station- Town, District- Vaishali at Hazipur. 10.

Ganesh Sharma, Son of Late Sheo Pujan Sharma Resident of MohallaJadhua, Police Station- Town, District- Vaishali at Hazipur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dhanendra Chaubey, Advocate For the Respondent no.4 :

Mr. Sanjay Kumar Verma, Advocate Mr. Onkar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 27-03-2025 The present petition has been filed by the petitioner and paragraph no.1 of the petition reads as under:-

Patna High Court C.Misc. No.751 of 2023(7) dt.27-03-2025 2/2 "1. That this application is being filed for issuing directions to the Respondents 1st and 2nd set for not creating disturbances to the petitioner on the lands belonging to Khata No. 178 Plot No. 962 area 1.31⁄2 dhur and Khata No. 176 Plot No. 777 Area 4.50 Decimals and some adjacent plots of petitioner of Mauza Jadhua, District-Hazipur upon which status quo was granted vide order dated 12.01.2023 passed by Sub-Judge-I, Vaishali at Hazipur in Title Suit No. 175 of 2019 and further to pass any other order(s) to which the petitioner found entitled."

2. From bare perusal of the paragraph and relief claimed by the petitioner, it is evident that the relief sought by the petitioner could not be granted by this Court in a proceeding under Article 227 of the Constitution of India. It is much apparent that the petitioner has already been granted injunction by the learned trial court and instead of seeking redressal of her grievance before the learned trial court, the petitioner has rushed to this Court seeking direction to the respondent 1st and 2nd set for not creating disturbances to the petitioner on the suit land.

3. For the aforesaid reason, the present petition appears entirely frivolous and hence, the same is dismissed. (Arun Kumar Jha, J) balmukund/- U