Sheo Shankar Singh @ Shiv Shankar Prasad v. Krishna Deo Prasad Singh And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
CIVIL MISCELLANEOUS JURISDICTION No.743 of 2018 ====================================================== Sheo Shankar Singh @ Shiv Shankar Prasad, S/o Late Ram Nandan Singh, Resident of Village- Kurhari, P.O. and P.S.- Shakurabad, DistrictJehanabad. .... .... Petitioner
Versus
1. Krishna Deo Prasad Singh, S/o Late Prayag Singh,
2. Shushil Kumar,
3. Niranjan Kumar, Both 2 and 3 Sons of Krishna Deo Prasad Singh,
4. Smt. Malti Devi, W/o Krishna Deo Prasad Singh, All resident of VillageKalupur, P.O. and P.S.- Shakurabad, District- Jehanabad.
5. Binod Pandit, S/o Bhagwan Pandit, Resident of Village- Sheshambha Baidyanath Ganj,
6. Manoj Das, S/o Late Ram Bilash Das, Resident of Village- Katuapur, P.O.- Newari, P.S.- Parasbigha, District- Jehanabad.
7. Rakesh Kumar, S/o Late Fakira Singh, Resident of Village- Paravan, P.O.- Vishunganj, P.S.- Ghoshi, District- Jehanabad. 7A. Kaushalya Devi, W/o Umesh Kumar, Resident of Village- Lathbigha, P.O.- Chirali, P.S.- Khijarsarai, District- Gaya. 7B. Sunita Devi, W/o Ashok Kumar, Resident of Village- Chirali Dih, P.O.- Chiraili, P.S.- Khijarsarai, District- Gaya.
.... .... Respondents ====================================================== Appearance :
For the Appellant/s : Mr. Shankar Kumar For the Respondent/s : Mr.
====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 20-06-2018 Heard learned counsel for the petitioner.
The petitioner has filed this Civil Miscellaneous petition against the order dated 24.04.2018 passed in Partition Suit No.36/2013 by learned Sub Judge-II, Jehanabad, by which, the learned Sub Judge-II allowed the petition of the defendants no.1,2 and 3 to sell half of the share in the plots mentioned therein. Learned counsel for the petitioner submits that the
Patna High Court C.Misc. No.743 of 2018 (2) dt.20-06-2018 2/2 defendant no.1, 2 and 3 have got sufficient money to solemnize the marriage of the daughter of the defendant no.2. It is further submitted that the defendants may sale their half share of all the six plots mentioned in the petition from front side and that may cause irreparable loss but I do not find any force in the submission of the learned counsel for the petitioner on the ground that the defendants no.1, 2 and 3 got half share in all the six plots and they are entitled to sell half portion of the property in each plot from one side to meet the expenses of the marriage of the daughter. Accordingly, I do not find any merit in this Civil Miscellaneous petition and the same is dismissed. (Prabhat Kumar Jha, J) Amit/- U