Rudranand Pathak v. Bharat Pathak And ORS

Patna High Court CWJC No.14681 of 2015 (2) dt.18-05-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14681 of 2015 ====================================================== Rudranand Pathak .... .... Petitioner/s

Versus

Bharat Pathak & Ors .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Jyoti Shankar For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 18-05-2016 Heard the learned counsel, Mr. Jyoti Shankar for the petitioner.

Perused the order dated 28.05.2015 passed by Sub Judge I, Madhepura in Title Partition Suit No.22 of 2014. It appears that in Partition Suit No.134 of 1970, the properties were distributed and the petitioner, who has filed the intervention application, was allotted his share on the basis of compromise. The other properties were allotted to the present parties of this Title Partition Suit No.22 of 2014. The parties filed the partition suit for partition of their allotted share according to compromise decree. The petitioner filed intervention application on the ground that in compromise decree, the petitioner's father was allotted the less valuable lands and the present parties of the present partition suit was allotted the valuable properties. The Court below found that the point which is being raised by the

Patna High Court CWJC No.14681 of 2015 (2) dt.18-05-2016 petitioner is the subject matter of title suit filed by the petitioner being Title Suit No.331 of 2012. The same cannot be decided in this simple suit for partition filed by the plaintiff against the defendants for the properties which were allotted to them in the compromise decree.

Since the Court below has rightly rejected the application, as the presence of the petitioner in this suit is not necessary, because the property allotted to him in the compromise decree is not the subject matter of present partition suit, this writ application has got no merit and accordingly, it is dismissed. (Mungeshwar Sahoo, J) Saurabh/- U T