Ram Khashtri Prasad Mahto @ Ram Khastri Singh v. Dwarika Prasad Singh And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL MISCELLANEOUS JURISDICTION No.1114 of 2018 ======================================================

1. Ram Khashtri Prasad Mahto @ Ram Khastri Singh S/o Raghu Raj Mahto alias Raghuraj Singh resident of Village - Mangalpur, P.S. - Nautan, P.O. - Mangal Bazar, District East Champaran.

.... .... Appellant/s

Versus

1. Dwarika Prasad Singh S/o Late Raghuraj Prasad Mahto @ Raghuraj Singh resident of Village - Mangalpur Gudarana, P.O. - Mangalpur Bazar, P.S. - Nautan, District - West Champaran.

2. Most. Brij Rajo Kuar W/o Late Yogendra Singh resident of Village - Mangalpur Gudarana, P.O. - Mangalpur Bazar, District - West Champaran.

3. Kaushalya Devi w/o Shankar Singh resident of Village - Sipah Khash, P.S. - Parsurampur, P.S. - Darauli, District - Gopalganj.

4. Matesari Devi W/o Dinanath Singh Resident of Dokania, P.S. - Manjholia, District West Champaran.

.... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Tapeshwar Sharma For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 05-11-2018 Heard the learned counsel for the petitioner. The petitioner has filed this Civil Misc. petition against the order dated 23.11.2017 passed in Partition Suit No. 221 of 2012 by learned Sub Judge-I, West Champaran, Bettiah by which the learned Sub Judge rejected the petition of the petitioner filed under Section 10 of the Code of Civil Procedure to stay the further proceeding of Eviction Suit No. 138 of 1995 pending in the court of learned Sub Judge-III, West Champaran, Bettiah. The learned counsel for the petitioner submits that in

Patna High Court C.Misc. No.1114 of 2018 (2) dt.05-11-2018 2/2 both the suits the parties are same and the issues are also same but it appears from perusal of the order impugned that in both suits different properties are sought to be partitioned. In partition suit No. 221 of 2012 the plaintiff sought partition of schedule-1 property being legal heir of Ram Khelawan Singh whereas in partition suit No. 138 of 1995 plaintiff sought partition of the property and claimed half share in the property of Bharosi Mahto. In this view of the fact, I find that the learned Sub Judge has rightly dismissed the petition of the petitioner for stay of further proceeding of Title Suit No. 138 of 1995. Accordingly, this Civil Misc. petition is dismissed as devoid of any merit. (Prabhat Kumar Jha, J) BKS/- U