Manorma Jha Alias Manorma Devi v. Neelam Devi
IN THE HIGH COURT OF JUDICATURE AT PATNA
CIVIL MISCELLANEOUS JURISDICTION No.910 of 2024 ====================================================== Manorma Jha alias Manorma Devi Wife of Lalit Mohan Jha, resident of Village-Vari, Via-Singhiya, P.S. Bahera, District-Samastipur, at present residing in Village-Kadrabad, P.S. Bachhwara, District-Begusarai. ... ... Petitioner/s
Versus
1.
Neelam Devi Wife of Late Mahendra Choudhary, resident of Village and Post-Seora, P.S. Dalsingh Sarai, District-Samastipur, at present residing in Village-Haripur Kadrabad, Post-Kadrabad, P.S. Bachhwara, DistrictBegusarai. 2.
Punam Kumari, Daughter of Late Mahendra Choudhary, resident of Village and Post-Seora, P.S. Dalsingh Sarai, District-Samastipur, at present residing in Village-Haripur Kadrabad, Post-Kadrabad, P.S. Bachhwara, DistrictBegusarai. 3.
Madhu Kumari, Daughter of Late Mahendra Choudhary, resident of Village and Post-Seora, P.S. Dalsingh Sarai, District-Samastipur, at present residing in Village-Haripur Kadrabad, Post-Kadrabad, P.S. Bachhwara, DistrictBegusarai. 4.
Deepak Kumar Choudhary, son of Late Mahendra Choudhary, resident of Village and Post-Seora, P.S. Dalsingh Sarai, District-Samastipur, at present residing in Village-Haripur Kadrabad, Post-Kadrabad, P.S. Bachhwara, District-Begusarai.
5.
Mukesh Kumar Choudhary, son of Late Mahendra Choudhary, resident of Village and Post-Seora, P.S. Dalsingh Sarai, District-Samastipur, at present residing in Village-Haripur Kadrabad, Post-Kadrabad, P.S. Bachhwara, District-Begusarai.
6.
Sudhir Kumar Choudhary, son of Late Bankey Choudhary, resident of Village and Post-Seora, P.S. Dalsingh Sarai, District-Samastipur, at present residing in Village-Haripur Kadrabad, Post-Kadrabad, P.S. Bachhwara, District-Begusarai.
7.
Arvind Kumar Sharma, son of Late Urmila Devi and Rajendra Prasad Sharma, resident of Village and Post-Sultanpur, P.S. Mokamah, DistrictPatna. 8.
Ram Lala Sharma, son of Late Urmila Devi and Rajendra Prasad Sharma, resident of Village and Post-Sultanpur, P.S. Mokamah, District-Patna. 9.
Pinky Kumari, daughter of Late Urmila Devi and Rajendra Prasad Sharma, resident of Village and Post-Sultanpur, P.S. Mokamah, District-Patna. 10.
Lili Devi, Daughter of Late Urmila Devi and Rajendra Prasad Sharma and wife of Ashutosh Kumar Choudhary, resident of Village and Post-Loma, P.S. Jandaha, District-Vaishali.
11.
Shailesh Kumar Thakur, son of Late Shanti Thakur and Dharnidhar Thakur, resident of Village and Post-Rahua, P.S. Barishnagar, District-Samastipur. 12.
Nilesh Kumar Thakur, son of Late Shanti Thakur and Dharnidhar Thakur, resident of Village and Post-Rahua, P.S. Barishnagar, District-Samastipur.
2/6 13.
Baby Kumari, Daughter of Late Shanti Thakur and Dharnidhar Thakur, resident of Village and Post-Rahua, P.S. Barishnagar, District-Samastipur. 14.
Lali Kumari, daughter of Late Shanti Thakur and Dharnidhar Thakur, resident of Village and Post-Rahua, P.S. Barishnagar, District-Samastipur. 15.
Devendra Singh, son of Ram Lakhan Singh, resident of Village-Majoshdih, P.S. Bachhwara, District-Begusarai.
16.
Bindu Singh, wife of Rabindra Prasad Singh, resident of Village-Majoshdih, P.S. Bachhwara, District-Begusarai.
17.
Ram Charitar Singh, son of Late Ram Swaroop Singh, resident of VillageMajoshdih, P.S. Bachhwara, District-Begusarai. 18.
Chandramauli Singh, son of Ram Balak Singh, resident of VillageMajoshdih, P.S. Bachhwara, District-Begusarai. 19.
Deepak Singh, son of Ram Balak Singh, resident of Village-Majoshdih, P.S. Bachhwara, District-Begusarai.
20.
Ram Ashray Singh, son of Late Ram Swaroop Singh, resident of VillageMajoshdih, P.S. Bachhwara, District-Begusarai. 21.
Fucho Devi, Wife of Late Hare Ram Singh, resident of Village-Majoshdih, P.S. Bachhwara, District-Begusarai.
22.
Manoj Kumar, son of Late Hare Ram Singh, resident of Village-Majoshdih, P.S. Bachhwara, District-Begusarai.
23.
Pankaj Singh, son of Late Hare Ram Singh, resident of Village-Majoshdih, P.S. Bachhwara, District-Begusarai.
24.
Rajeev Singh, son of Late Hare Ram Singh, resident of Village-Majoshdih, P.S. Bachhwara, District-Begusarai.
25.
Babita Devi, daughter of Late Hare Ram Singh and wife of Amit Choudhary, resident of Village-Majoshdih, P.S.-Bachhwara, District-Begusarai. 26.
Ram Dai Devi, wife of Ramdeo Singh, resident of Village-Hadipur, PostGehuni, P.S.-Bachhwara, District-Begusarai. 27.
Madhu Bala Kumari, Wife of Amit Kumar, resident of Village-Hadipur, Post-Gehuni, P.S.-Bachhwara, District-Begusarai. 28.
Bindu Devi, Wife of Bhola Malakaar, resident of Village and Post-Kadrabad, P.S.-Bachhwara, District-Begusarai.
29.
Surendra Malakar, son of Late Murhan Malakar, resident of Village and Post-Kadrabad, P.S.-Bachhwara, District-Begusarai. 30.
Singheshwar Malakar, son of Jagdambi Malakar, resident of Village and Post-Kadrabad, P.S.-Bachhwara, District-Begusarai. 31.
Indradeo Rai, son of Late Ram Jinish Rai, resident of Village and PostKadrabad, P.S.-Bachhwara, District-Begusarai. 32.
Ram Nath Rai, son of Late Ram Rakshi Rai, resident of Village and PostKadrabad, P.S.-Bachhwara, District-Begusarai. 33.
Narsingh Rai, son of Late Sri Rai, resident of Village and Post-Kadrabad, P.S.-Bachhwara, District-Begusarai.
34.
Sakaldeo Rai, son of Late Ram Rakshi Rai, resident of Village and Post-
3/6 Kadrabad, P.S.-Bachhwara, District-Begusarai. 35.
Suraj Rai, son of Rameshwar Rai, resident of Village and Post-Kadrabad, P.S.-Bachhwara, District-Begusarai.
36.
Dashrath Rai, son of Rameshwar Rai, resident of Village and Post-Kadrabad, P.S.-Bachhwara, District-Begusarai.
37.
Raj Kumar Yadav, son of Late Mangli Devi and Late Laxman Rai, resident of Village and Post-Kadrabad, P.S.-Bachhwara, District-Begusarai. 38.
Rajbanshi Yadav, son of Late Mangli Devi and Late Laxman Rai, resident of Village and Post-Kadrabad, P.S.-Bachhwara, District-Begusarai. 39.
Sita Ram Rai, son of Late Sukhdeo Rai, resident of Village and PostKadrabad, P.S.-Bachhwara, District-Begusarai. 40.
Jagdish Rai, son of Late Sukhdeo Rai, resident of Village and PostKadrabad, P.S.-Bachhwara, District-Begusarai. 41.
Most. Pano Devi, Wife of Bilat Malakar, resident of Village and PostKadrabad, P.S.-Bachhwara, District-Begusarai. 42.
Smt. Abhilesh Sharma, Wife of Late Devendra Singh, resident of Village and Post-Kadrabad, P.S.-Bachhwara, District-Begusarai. 43.
Suman Shaurabh, son of Late Devendra Singh, resident of Village and PostKadrabad, P.S.-Bachhwara, District-Begusarai. 44.
Shavnam Kumari, daughter of Late Devendra Singh and Wife of Krishna Murti Singh, resident of Village and Post-Rajpur, P.S. Munger, DistrictMunger. 45.
Priyanka Jha, daughter of Late Devendra Singh and wife of Sunil Kumar Jha, resident of Village and Post-Jhakhra, P.S. Sarai Ranjan, DistrictSamastipur. 46.
Md. Parvez Alam, son of Late Sohrab Ansari, resident of Village and PostKadrabad, P.S. Bachhwara, District-Begusarai. 47.
Md. Nazrulundin, son of Late Sohrab Ansari, resident of Village and PostKadrabad, P.S. Bachhwara, District-Begusarai. 48.
Md. Ajharuddin son of Late Sohrab Ansari, resident of Village and PostKadrabad, P.S. Bachhwara, District-Begusarai. 49.
Md. Shahnawaj Ansari, son of Late Sohrab Ansari, resident of Village and Post-Kadrabad, P.S. Bachhwara, District-Begusarai. 50.
Shahnaz Khatoon daughter of Late Sohrab Ansari, resident of Village and Post-Kadrabad, P.S. Bachhwara, District-Begusarai. 51.
Fayaj Ansari, son of Late Noor Ali Ansari, resident of Village and PostKadrabad, P.S. Bachhwara, District-Begusarai. 52.
Samser Ansari, son of Late Noor Ali Ansari, resident of Village and PostKadrabad, P.S. Bachhwara, District-Begusarai. 53.
Hafiz Hadisha, son of Tabarak Hussain, resident of Village and PostKadrabad, P.S. Bachhwara, District-Begusarai. 54.
Mahmood Alam, son of Late Samid Ansari, resident of Village and PostKadrabad, P.S. Bachhwara, District-Begusarai.
4/6 55.
Mohan Das, son of Parmeshwar Das, resident of Village and Post-Kadrabad, P.S. Bachhwara, District-Begusarai.
56.
Ibrar Ansari, son of Abdul Rajaque, resident of Village and Post-Kadrabad, P.S. Bachhwara, District-Begusarai.
57.
Md. Samim Ansari, son of Late Kazi Rajaque, resident of Village and PostKadrabad, P.S. Bachhwara, District-Begusarai. 58.
Rajendra Poddar, son of Late Ramakant Poddar, resident of Village and Post-Kadrabad, P.S. Bachhwara, District-Begusarai. 59.
Shashi Bhushan Poddar, son of Late Ramakant Poddar, resident of Village and Post-Kadrabad, P.S. Bachhwara, District-Begusarai. 60.
Arun Kumar Poddar, son of Late Ramakant Poddar, resident of Village and Post-Kadrabad, P.S. Bachhwara, District-Begusarai. 61.
Sarban Kumar Poddar, son of Late Ramakant Poddar, resident of Village and Post-Kadrabad, P.S. Bachhwara, District-Begusarai. 62.
Binod Kumar Poddar, son of Late Ramakant Poddar, resident of Village and Post-Kadrabad, P.S. Bachhwara, District-Begusarai. 63.
Usha Devi, Wife of Late Bishwanath Poddar, resident of Village and PostKadrabad, P.S. Bachhwara, District-Begusarai. 64.
Babloo Poddar, son of Late Bishwanath Poddar, resident of Village and PostKadrabad, P.S. Bachhwara, District-Begusarai. 65.
Mithu Poddar, son of Late Bishwanath Poddar, resident of Village and PostKadrabad, P.S. Bachhwara, District-Begusarai. 66.
Mamta Kumari (minor) minor daughter of Late Bishwanath Poddar under the guardianship of her mother Usha Devi resident of Village and PostKadrabad, P.S. Bachhwara, District-Begusarai. 67.
Rupa Kumar (minor) minor d/o Late Bishwanath Poddar under the guardianship of her mother Usha Devi, resident of Village and PostKadrabad, P.S. Bachhwara, District-Begusarai. 68.
Muni Devi, Wife of Babloo Poddar, resident of Village and Post-Kadrabad, P.S. Bachhwara, District-Begusarai.
69.
Binod Poddar, son of Ram Kumar Poddar, resident of Village and PostKadrabad, P.S. Bachhwara, District-Begusarai. 70.
Kari Poddar, son of Ram Kumar Poddar, resident of Village and PostKadrabad, P.S. Bachhwara, District-Begusarai. 71.
Gopal Mahton, son of Late Shubhak Mahto, resident of Village and PostKadrabad, P.S. Bachhwara, District-Begusarai. 72.
Ram Nivash Mahto, son of Late Shubhak Mahto, resident of Village and Post-Kadrabad, P.S. Bachhwara, District-Begusarai. 73.
Prayag Yadav, son of Subodh Yadav, resident of Village-Bhaini, Post-Bari, P.S. Biraul, District-Darbhanga.
74.
Asharfi Yadav, son of Gogo Yadav, resident of Village-Bhaini, Post-Bari, P.S. Biraul, District-Darbhanga.
... ... Respondent/s
5/6 ====================================================== Appearance :
For the Petitioner/s :
Mr. Chandra Mauli Chaurasia, Advocate For the Respondent/s :
Mr.
====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 19-09-2024 The matter has been taken up on mentioning being made on behalf of the petitioner.
02. Heard learned counsel for the petitioner.
03. The present petition has been filed by the petitioner under Article 227 of the Constitution of India seeking direction to the learned Sub Judge, Teghra, Begusarai to hear and dispose of Title Suit No. 211 of 2007, filed on behalf of plaintiffs/respondent-1st set, by running it day to day basis within a stipulated time period.
04. Learned counsel for the petitioner submits that Title Suit No. 211 of 2007 has been filed on 23.08.2007 seeking partition of suit property. However, even after lapse of 17 years, issues are yet to be framed in the said partition suit. The petitioner, who is a lady, has unnecessarily been harassed for so many years due to snail's pace of the trial. The petitioner is defendant no. 1 and is aged about 73 years and considering the pace of the trial, it is unlikely that the suit would be decided in her lifetime.
05. Since the petitioner has approached this Court
6/6 with limited prayer for early disposal of Title Suit No. 211 of 2007 pending before the learned trial court, I do not think there is any need to issue notice to the respondents as early disposal of civil cases are in larger public interest.
06. In the light of aforesaid facts and circumstances, the learned Sub-Judge, Teghra, Begusarai/court concerned is directed to take up the Title Suit No. 211 of 2007 in all earnest since it is a suit of the year 2007 and try to dispose of the same within a year from the date of receipt/production of a copy of this order, without granting unnecessary adjournments to the parties as it appears form the order-sheet annexed that a number of adjournments have been granted without any sufficient reason.
07. With the aforesaid direction, the present petition stands disposed of.
(Arun Kumar Jha, J) Ashish/- U