Mahadeo Prasad Daruka And ANR v. Shambhu Prasad Gupta And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL MISCELLANEOUS JURISDICTION No.1043 of 2018 ====================================================== 1.

Mahadeo Prasad Daruka, Son of Late Ram Kishun Daruka, 2.

Premlata Daruka, Wife of Sri Mahadeo Prasad Daruka, Both are resident of Mohalla- New Area, P.O.P.S.District- Aurangabad. ...... Petitioner/s

Versus

1.

Shambhu Prasad Gupta, Son of Late Hazari Sao, Resident of Town- Aurangabad, Mohalla- New Area, Paragna- Siris, P.O.P.S.District- Aurangabad. 2.

Bhagalu Sao, Son of Late Badri Sao, 3.

Rajani Devi, Widow of Late Govind Sao, 4.

Yugal Kumar, Son of Late Govind Sao, 5.

Kalu Kumar, Son of Late Govind Sao, 6.

Shital Kumar, Daughter of Late Govind Sao, All 2 to 6 are resident of MohallaNew Area, Paragna- Siris, P.O.P.S.District- Aurangabad. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Prabhat Kumar Dipak For the Respondent/s :

Mr.Bishwa Nath Chaudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 24-01-2023 Heard learned counsel for the parties.

This petition has been filed against the order dated 15.11.2017 passed by learned Sub-Judge-2nd, Civil Court, Aurangabad in Title Suit No.150/2005 (1/2017). Learned counsel for the petitioners submits that this case may be disposed of with liberty to the petitioners to contest the suit before the trial Court.

Learned counsel for the respondents submits that the petitioners are already contesting the suit before the trial Court. In view of the submission of learned counsel for the parties, this Civil Misc. petition is dismissed with liberty to the petitioners to contest the suit in accordance with law. sanjeev/- (Sunil Dutta Mishra, J) U