Nirja Yadav v. Dheeraj Kumar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.3078 of 2025 ====================================================== Nirja Yadav Wife of Dr. Birendra Yadav, Resident of Mukhti Vidyalaya Lane, Near Tilka Manjhi Chowk, P.S.- Barari, P.O.- Ghantaghar, Town and DistrictBhagalpur at present habitant of Naveen Chandra Gangali Road, Badgachh Chowk Badi Khanjarpur, Post Khanjarpur, P.S. Barari, District- Bhagalpur. ... ... Petitioner/s

Versus

1.

Dheeraj kumar S/o Late Kapildeo Singh, Resident of Mahrogoriya, P.S.- Islampur, District- Nalanda. at present residing at Bari Milki Gandhi Tola P.S.- Rajgir, District- Nalanda.

2.

Smt. Geeta Devi, W/O Late Kapildeo Singh, Resident of Mahorgoriya, P.S. Islampur, District Nalanda at present residing at Bari Milki Ganditoloa, Rajgir, P.S. Rajgir District Nalanda.

3.

Vaibhav Raj Construction Pvt. Ltd., Registered Office Pathan English, P.O.- Odhanpur, P.S.- Muffasil, District Nawada, Bihar through its director Vibha Devi, W/O Rajballabh Prasad.

4.

Eklabhaya Kumar, S/O Rajballabh Prasad, R/O Pathra English, P.O.- Odhanpur, P.S.- Muffasil, District- Nawada.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rakesh Kumar Shrivastava For the Opposite Party/s :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 16-01-2026 Application has been filed for transfer of Title Partition Suit No. 536 of 2012 from the court of Sub Judge-I, Civil Court, Patna to any competent judgeship of the Civil Court, Bhagalpur.

2. Learned Advocate for the petitioner while pressing the application submitted that Defendant No. 1, Rampayari Devi is the mother of the petitioner and she died on 07.08.2022, hence she has not been impleaded in the present case. It is further contended that Title Partition Suit No. 536 of 2012 has been filed for partition of scheduled land/property situated in the different districts, including the districts of Nalanda, Bhagalpur

Patna High Court MJC No.3078 of 2025(2) dt.16-01-2026 2/2 and Patna. Since the petitioner is a woman, facing severe medical ailments; suffering from Rheumatoid Arthritis leading to back and cervical pain as well as osteoporosis which led to difficulty in standing and prolonged walking, she is unable to attend the court proceeding. To support the aforesaid contention, medical certificate has been placed on record as Annexure-P/2.

3. Having considered the submissions advanced by the learned Advocate for the petitioner and taking note of the admitted position that the title partition suit was filed way back in the year 2012 and proceedings have been continuing since long, even from a decade before and it has also been apprised that evidences of the witnesses have already been recorded and the other stakeholders are also residing in the districts of Nalanda and Nawada, this Court is not acceded to the prayer of the petitioner for transfer of Title Partition Suit No. 536 of 2012.

4. Accordingly, MJC No. 3078 of 2025 stands dismissed. However, it is expected that the learned court, in seisin, shall expedite the matter.

(Harish Kumar, J) Anjani/- U