Barti Rishi And ANR v. Nitya Chandra Das @ Nitai Ghosh And ORS

Patna High Court CWJC No.20905 of 2012 (02) dt.07-01-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.20905 of 2012 ======================================================

1. BARTI RISHI SON OF LATE RAM SAHI RISHI RESIDENT OF VILLAGENAYA TOLA KALI ASTHAN LACHAURA, P.S.- KADWA, DISTRICTKATIHAR

2. DEVI LAL RISHI SON OF BARTI RISHI RESIDENT OF VILLAGE- NAYA TOLA KALI ASTHAN LACHAURA, P.S.- KADWA, DISTRICT- KATIHAR .... .... PETITIONER/S

VERSUS

1. NITYA CHANDRA DAS @ NITAI GHOSH SON OF LATE SHARDA PRASAD DAS RESIDENT OF VILLAGE- MAWA LAL CHOWK BACK WEST OF K. HAT, P.S.- K. HAT, DISTRICT- PURNEA

2. TETAR BISHI SON OF LATE RAM SAHI RISHI RESIDENT OF VILLAGEKACHOURA, P.S.- KADWA, P.O.- CHANDPUR, DISTRICT- KATIHAR

3. SANT LAL RISHI SON OF BARTI BISHI RESIDENT OF VILLAGEKACHOURA, P.S.- KADWA, P.O.- CHANDPUR, DISTRICT- KATIHAR

4. MANTH LAL RISHI SON OF BARTI RISHI RESIDENT OF VILLAGEKACHOURA, P.S.- KADWA, P.O.- CHANDPUR, DISTRICT- KATIHAR

5. KARE RISHI SON OF LATE BAUNGI RISHI RESIDENT OF VILLAGEKACHOURA, P.S.- KADWA, P.O.- CHANDPUR, DISTRICT- KATIHAR

6. BASO RISHI SON OF LATE RAMU RISHI RESIDENT OF VILLAGEKACHOURA, P.S.- KADWA, P.O.- CHANDPUR, DISTRICT- KATIHAR .... .... RESPONDENT/S ====================================================== Appearance :

For the Petitioner/s : Mr. Suresh Prasad Sah @ Baran-Advocate For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 07-01-2016 Heard learned counsel for the petitioners, who happens to be defendants before the learned lower Court. Because of the fact that certain kinds of embargo has been put barricading the jurisdiction of Civil Court where the matter relates with Bataidari, petitioners/ defendants raised objection over maintainability of the suit at several occasion though the witnesses on behalf of plaintiffs have already been examined. By the order impugned, the learned lower Court has

Patna High Court CWJC No.20905 of 2012 (02) dt.07-01-2016 opined that all the issues will be conjointly decided at the time of judgment.

Considering the stage of the case as well as the finding recorded by the learned lower Court on that very score, needs no interference in the order impugned.

Accordingly, instant petition is rejected.

However, it will be opened to the petitioners/ defendants to raise the question of maintainability of the suit during course of argument, which would also be taken into consideration by the learned lower Court and will decide the issue in accordance with law.

Amit/ Vikash (Aditya Kumar Trivedi, J) U