Patna High CourtC. REV./48/2018dismissed

Smt. Shanta Jain @ Shanta Bhutoria v. Mahesh Prasad And ORS

2018-07-25Mr. Justice Sanjay Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Review No.48 of 2018 In Civil Writ Jurisdiction Case No. 6775 of 2013 ====================================================== Smt. Shanta Jain @ Shanta Bhutoria, Daughter of Late Vijay Singh Jain, Wife of Narendra Bhutoria, Resident of Manpur Gopalganj Road, Police Station - Buniyadganj, District - Gaya. presently resident of C/o Tek Bhadur Gurung, Near Arnika School, Anupam Marg, Bhole Bhal, Kathmandu, Nepal.

.... .... Petitioner

Versus

1. Mahesh Prasad, Son of Late Karu Ram, resident of Mohalla Manpur, Shiv Charan Patwa Lane, Police Station Buniyadganj, District Gaya

2. Dhalchand Prasad Son of Late Karu Ram resident of Mohalla Manpur, Shiv Charan Patwa Lane, Police Station Buniyadganj, District Gaya

3. Smt. Urmila Devi Wife of Late Vijay Singh Jain, resident of Manpur Gopalganj Road, Police Station - Buniyadganj, District - Gaya

4. Prakash Kumar Jain Son of Late Vijay Singh Jain resident of Manpur Gopalganj Road, Police Station - Buniyadganj, District - Gaya

5. Santosh Kumar Jain Son of Late Vijay Singh Jain resident of Manpur Gopalganj Road, Police Station - Buniyadganj, District - Gaya

6. Sunil Kumar Jain Son of Late Vijay Singh Jain resident of Manpur Gopalganj Road, Police Station - Buniyadganj, District - Gaya .... .... Opposite parties ====================================================== Appearance :

For the Petitioner/s : Mr. Subodh Kumar, Advocate For the Respondent/s :

====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 25-07-2018 Heard learned counsel for the petitioner.

The petitioner has prayed to review the judgment dated 06.12.2017 passed in C.W.J.C. No.6775 of 2013. The said writ application was filed by opposite party 1st set for quashing the order dated 14.01.2013 passed by learned Subordinate Judge IV, Gaya in Title Suit No.103 of 2009 whereby and whereunder the learned court below stayed the proceeding of said suit till the

Patna High Court C. REV. No.48 of 2018 (4) dt.25-07-2018 disposal of Probate Case No.27 of 2009. The present petitioner claims to be sister of opposite party 2nd set. She claims her interest in the suit property.

On going through the order in question, I find that the petitioner was neither party to the said writ application nor before the court below. As such, this petitioner has no locus standi to get the matter reviewed.

In view of above facts, I do not find any error apparent on the face of the record. Accordingly, this civil review application is dismissed.

(Sanjay Kumar, J) Harish/- U