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Patna High CourtC.Misc./403/2021disposed

Renu Kumari @ Rinki Bansal @ Renu Kumari v. The State Of Bihar,

2021-12-23Mr. Justice Nawneet Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL MISCELLANEOUS JURISDICTION No.403 of 2021 ====================================================== Renu Kumari @ Rinki Bansal @ Renu Kumari D/o Late Dalu Ram Bansal, R/o Langar Toli Chauraha, P.O. - Bankipur, P.S. - Kadamkuan, District - Patna (Bihar).

... ... Petitioner/s

Versus

1.

The State of Bihar, Bihar, 2.

The District Magistrate, District - Patna, Bihar. 3.

The Senior Superintendent of Police, District - Patna, Bihar. 4.

The S.D.O., Patna Sadar, Dist. - Patna, Bihar. 5.

The Circle Officer, Bankipur Circle, Dist. - Patna, Bihar. 6.

The S.H.O., Kadamkuan Police Station, District - Patna, Bihar. 7.

Mostt. Raj Devi, W/o Late Dalu Ram Bansal, Resident of Mohalla Langar Toli Chauraha, P.S. - Kadamkuan, P.O. - Bankipur, Dist. - Patna - 800004. 8.

Neetu Kumari, W/o Prakash Lath, D/o Late Dalu Ram Bansal, Resident of Mohalla Langar Toli Chauraha, P.S. - Kadamkuan, P.O. - Bankipur, Dist. - Patna - 800004.

9.

Raj Kumar Bansal, S/o Late Dalu Ram Bansal, Resident of Mohalla Langar Toli Chauraha, P.S. - Kadamkuan, P.O. - Bankipur, Dist. - Patna - 800004. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vishal Vikram Rana For the Respondent/s :

Mr.P K Verma, AAG 3 ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 23-12-2021 Learned counsel for the petitioner is directed to remove all the defects pointed out by the Stamp Reporter within one month.

Heard the learned counsel for the petitioner. The learned counsel for the petitioner has submitted that in Title Suit No. 592 of 2013 the ex parte decree was passed in favour of the present petitioner, who was plaintiff in that suit

Patna High Court C.Misc. No.403 of 2021(3) dt.23-12-2021 2/2 and, as such, in preliminary decree her share was determined as 1/4th in the suit property and the proceeding for preparation of final decree is under process. He has further submitted that during the pendency of the proceeding of final decree, defendants are alienating the suit properties. As such, they should be restrained from alienating those properties. Such prayer cannot be entertained under Article 227 of the Constitution of India. The petitioner may take recourse before the appropriate authority, in accordance with law. With these observations, this application is disposed of.

Office shall ensure that all the defects are removed by the petitioner within the stipulated time provided hereinabove, failing which the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey, J) HR/- U