Patna High CourtC.Misc./2029/2017dismissed

Shatrughan Prasad Sinha v. Badri Narayan Singh And ORS

2018-04-23Mr. Justice Prabhat Kumar Jha2 pages

Patna High Court C.Misc. No.2029 of 2017 (2) dt.23-04-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL MISCELLANEOUS JURISDICTION No.2029 of 2017 ======================================================

1. Shatrughan Prasad Sinha, Son of Late Tilakdhari Singh @ Tilakdhari Mahto, Resident of Village- Ramdohar, P.S. Dumariya, P.O. Maigra, District- Gaya, at present residing at Mohalla Gewal Bigha, South Church Road, Near Kochar Petrol Pump, P.S. Civil Lines, District Gaya. .... .... Appellant/s

Versus

1. Badri Narayan Singh, Son of Late Tilakdhari Mahto @ Tilakdhari Singh

2. Upendra Prasad, Son of Late SheoShankar Prasad

3. Jamuna Prasad Singh, Son of Late Tilakdhari Mahto @ Tilakdhari Singh

4. Chandradeep Singh, Son of Late Tilakdhari Mahto @ Tilakdhari Singh. All Resident of Village- Ramdohar, P.S. Dumariya, P.S. Maigra, District Gaya, at present residing at Mohalla Gewalbigha, South Church Road near Kochar Petrol Pump, P.S. Civil Lines, District Gaya.

5. Satya Devi, Wife of Ramashankar Singh, Resident of Village- Bikua, P.S. Dumariya District Gaya at present DJ Quarter no. 2418 Dhurva, Ranchi, State Jharkhand.

6. Kamla Devi, Wife of Bisheshwar Dayal Singh, Resident of VillageNawadih Bankey Bazar, P.S. Amas District Gaya at present Gewal Bigha South Charch Road near Kochar Petrol Pump, P.S. Civil Line Gaya, District Gaya.

7. Sudama Devi, Wife of Chandradeep Singh

8. Bijay Singh, Son of Shatrudhan Prasad Singh

9. Mahendra Prasad, Son of Yamuna Prasad Singh

10. Bindeshwari Prasad, Son of Late ShivShankar Prasad,

11. Ram Pravesh Prasad, Son of Chandradeep Singh,

12. Ravindra Prasad, Son of Yamuna Prasad Singh,

13. Ramswaroop Prasad, Son of Late Shivshankar Prasad,

14. Shiv Kumar, Son of Chandradeep Singh. All Resident of VillageRamdohar, P.S. Dumariya, P.O. Maigra, District Gaya. Opp/ Respondent party no. 9 at present residing at Mohalla GewalBigha South Church Road Near Kochar Petrol Pump P.S. Civil Lines, District Gaya. .... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Anil Kumar Saxena For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 23-04-2018 Heard learned counsel for the petitioner.

The petitioner has filed this civil miscellaneous

Patna High Court C.Misc. No.2029 of 2017 (2) dt.23-04-2018 petition against the order dated 12.07.2017 passed in Misc. Case No.27 of 2015 by the District Judge, Gaya.

The petitioner is the plaintiff and the petitioner filed petition for transfer of Partition Suit No.160 of 2008 from the court of Sub Judge I, Sherghati to the Court of Sub Judge, Gaya. The learned counsel for the petitioner submits that earlier the suit was filed in Civil Court, Gaya but the same was transferred to the Court of Sub judge I, Sherghati. It appears that most of the lands which are the subject matter of the suit are falling within the jurisdiction of Sherghati and on that ground learned District Judge dismissed the petition of the petitioner for transfer of Partition Suit No.160 of 2008 to the Civil Court, Gaya.

Therefore, I do not find any jurisdictional error. Accordingly, this civil miscellaneous petition is dismissed. (Prabhat Kumar Jha, J) Saurabh/- U