Indrawati Devi v. Nithali Chamar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.20075 of 2010 ===========================================================
1. Indrawati Devi, wife of Nibulal Ram, r/o- village Bakeniya, P.S.- Gahmar, District- Gazipur(U.P.) .... .... Petitioner/s
Versus
1. Nithali Chamar, s/o- Barhu Chamar
2. Jokhu Chamars/o- Kamalu Chamar
3. Jhagaru Chamar
4. Dhorha Chamar Both sons of Nithali Chamar
5. Bahadur Chamar
6. Sahadur Chamar
7. Sri Bhagwan Chamar All sons of Jhagaru Chamar
8. Suraj Chamar
9. Bablu Chamar
10. Jai Prakash Chamar All sons of Dhoraha Chamar, all residents of village Moula Sahuka, P.s.- Ramgarh, District- Kaimur (Bhabhua)
11. Ramdahin Chamar s/o- Sukhnandan Chamar
12. Dudhnath Chamar
13. Vikrama Chamar
14. Ramjash Chamar
15. Gopal Chamar All sons of Late Bhaggu Chamar
16. Binod Chamar
17. Ashok Chamar Both sons of Dudhnath Chamar
18. Pintu Chamar
19. Tinku Chamar
20. Pankaj Chamar All three minor sons of Gopal Chamar under the guardianship of their father and well wisher Binod Chamar
21. Gulsan Chamar
22. Manish Chamar
23. Bacha Chamar, All three minor sons of Binod Chamar under the guardianship of their father and well wisher Binod Chamar
24. Ramesh Chamar
25. Kamlesh Chamar Both sons of Bikrama Chamar
26. Niwas Chamar
27. Manoj Chamar Both sons of Ramjash Chamar 28 Rakesh Chamar, son of Ramdin Chamar
29. Ramraj Chamar
30. Dharmraj Chamar Both sons of Ganesh Chamar
31. Bigan Chamar
Patna High Court CWJC No.20075 of 2010 dt.10-08-2015 2/3
32. Parshuram Chamar
33. Sangram Chamar All three sons of Ramraj Chamar
34. Jai Chamar, minor son of Bigan Chamar under the guardianship of their father and well wisher Bigan Chamar
35. Harihar Chamar s/o- Dharamraj Chamar
36. Baikunth Chamar
37. Balchandra Chamar
38. Ramashish Chamar All three sons of Late Yadunandan Chamar
39. Shyam Narain Chamar, son of Baikunth Chamar
40. Jitesh Chamar
41. Shiwesh Chamar, Both minor sons of Shyam Narain Chamar under the guardianship of their father Shyam Narain Chamar.
42. Awadhesh Chamar
43. Pandit Chamar Both sons of Balchandra Chamar under the guardianship of their father Balchandra Chamar
44. Durgesh Chamar, son of Ramashish Chamar, under the guardianship of his father Ramashish Chamar.
45. Chandrawati Devi, wife of Balister Chamar, All residents of village Kalani, P.S.- Ramgarh, District- Kaimur. .... .... Respondent/s =========================================================== Appearance :
For the Petitioner/s : Mr. RAVI SHANKAR SAHAY For the Respondent/s : Mr.
=========================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL JUDGMENT Date: 10-08-2015 Heard Mr. Sahay in support of the writ petition which has been filed against the order dated 27.3.2009 passed by Sub-Judge-II, Bhabhua in Title Suit No. 261 of 1999 whereby the petition filed on her behalf under Order 1 Rule 10 of the Code of Civil Procedure (for short 'the Code'), has been considered and rejected. The suit was filed in the year 1999 for effecting partition amongst the parties. Chandrawati Devi being the daughter of Most.
Patna High Court CWJC No.20075 of 2010 dt.10-08-2015 3/3 Jiriya Devi was also impleaded as defendant as the plaintiffs in the suit besides seeking partition of the property also sought for declaration that the deed of gift executed in favour of the defendant Chandrawati Devi by Most Jiriya Devi was null and void. The Trial Court found the application of the petitioner not supported by any material to demonstrate that she was full sister of Chandrawati Devi. It also took the view that after expiry of 10 years, when the trial reached an advance state, such application was filed which was with the sole purpose of delaying disposal of the suit. On hearing the parties, this Court requested Mr. Sahay to produce copy of the plaint and/or deed of gift which was sought to be annulled by the present suit. Mr. Sahay expresses his inability to produce the same for perusal of the Court.
In the backdrop of aforesaid, this Court does not find any patent illegality in the reasons assigned by the Trial Court for rejecting the application.
The writ application is dismissed.
(Kishore Kumar Mandal, J) Pankaj/- U