Ramesh Kumar Tiwary And ORS v. Basista Kuar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL REVIEW No.542 of 2016 In SECOND APPEAL No.88 of 2014 ====================================================== 1.

Ramesh Kumar Tiwary Son of Late Paihari Tiwary. 2.

Manoj Kumar Tiwary, Son of Paihari Tiwary.

3.

Rajesh Kumar Tiwary, Son of Late Paihari Tiwary. 4.

Most. Dewanti Kuar, Wife of Late Paihari Tiwary. 5.

Smt. Shakuntala Devi, Wife of Gyanand Kumar Tiwary. 6.

Vimla Devi, Wife of Mukhdeo Pathak.

7.

Anjali Kumar Pathak, Son of Mukhdeo Pathak.

8.

Rakesh Tiwary, Son of Late Shambhu Tiwary.

9.

Pravin Kumar Tiwary, Son of Late Shambhu Tiwary. 10.

Mintu Kumar Tiwary, Son of Late Shambhu Tiwary. 11.

Seema Devi, Wife of Pawan Kumar Dubey.

12.

Nitu Devi, Wife of Manvendra Upadhayay.

13.

Rinku Kumari, Daughter of Shambhu Tiwary.

14.

Rabindra Tiwary, Son of Late Subh Narain Tiwary. 15.

Most. Chandrawati Kuer, Wife of Late Shambhu Tiwary. All Resident of Village Post Office- Kandh Pakar, Police Station- Assawn, District- Siwan. 16.

Babita Kumari @ Babita Devi, Wife of Rajesh Mishra, Daughter of Late Kunti Devi, Resident of Village Post Office- Lalji, Police StationHasanpura, District- Siwan. 17.

Harikesh Mishra, Son of Late Kunti Devi.

18.

Mamta Kumari, Daughter of Late Kunti Devi. Both are resident of VillageGopalpur, Post Office Police Station- Darauli, District- Siwan. 19.

Smt. Tara Devi, Wife of Kalidutta Ojha, Resident of Village and Post OfficeGamhariya, Police Station- Pachrukhi, District- Siwan. 20.

Smt. Chinta Devi, Wife of Ganesh Misra, Resident of Village- Chakira, Police Station- Bhore, Post Office- Huseepur, District- Gopalganj. ... ... Petitioner/s

Versus

1.

Basista Kuar Son of Late Baliram Kuar.

2.

Mrijunjay Kuar, Son of Late Verma Kuar.

3.

Markandey Kuar, Son of Late Brahama Kuar.

4.

Dig Vijaya Kuar, Son of Late Verma Kuar. All are Resident of Kaudh Pakar, Police Station- Assaw, District- Siwan.

5.

Most. Krishna Kuar, Wife of Late Lallan Singh, Resident of Village and Post Office- Kanpakra, Police Station- Assaw, District- Siwan.

Patna High Court C. REV. No.542 of 2016(10) dt.14-12-2023 2/3 6.

Krishawati Devi, Wife of Tarkeshwar Singh, Resident of VillageKakariyadih, Police Station- Barauli, District- Siwan. 7.

Bidyawati Devi, Wife of Prakash Singh, Resident of Village- Rampur Sikari, Police Station- Darauli, District- Siwan.

8.

Imlawati Devi, Wife of Binod Singh, Resident of Village- Jiyay, Police Station- Andar, District- Siwan.

9.

Saraswati Devi, Wife of Jagdish Singh, Resident of Village and Post OfficeGouri, Police Station- Darauli, District- Siwan. 10.

Sumitra Devi, Wife of Ramjee Singh, Resident of Village- Maharo, Police Station- Sikandarpur, Post Office- Katri, District- Baliya U.P.. 11.

Jaymitra Devi, Wife of Uday Pratap Singh, daughter of Late Baliram Kuar, Resident of Village- Samuda, Post Office- Sonbarsa, Police StationGorakhpura, District- Gorakhpura U.P.. All presently Resident of VillageKaudh Pakar, Police Station- Assaw, District- Siwan. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ranjan Kumar Dubey, Adv.

For the Opposite Party/s :

Mr.Vijay Kumar Singh, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 14-12-2023

1. The present review petition has been filed against the order dated 18.08.2016, passed in Second Appeal No.88 of 2014, whereby and whereunder the second appeal has stood dismissed.

2. After hearing the learned counsel for the petitioners for some time, this Court finds that none of the grounds, as envisaged under Order 47 Rule 1 of the Code of Civil Procedure, 1908 exists so as to warrant review of the order of this Court dated 18.08.2016, passed in Second Appeal No.88 of 2014 nor any cogent or important evidence has been brought on record of the review petition nor there is any mistake apparent

Patna High Court C. REV. No.542 of 2016(10) dt.14-12-2023 3/3 on the face of the record of the case.

3. In view of the aforesaid, the learned counsel for the review petitioners seeks liberty on behalf of the petitioners to avail such other alternative remedies, as are otherwise available under the law, including that of filing an appeal. Liberty so sought is granted.

4. Accordingly, the present review petition stands disposed off.

(Mohit Kumar Shah, J) sonal/- U