IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL MISCELLANEOUS JURISDICTION No.1118 of 2024 ====================================================== Manoj Kumar son of Late Mahima Singh resident of Village- Arrar, P.O, P.S and District- Gopalganj, ... ... Petitioner/s Versus 1. Suresh Rai s/o Late Janardan Rai resident of Village-Balathari, P.O. Balathari, P.S- Kuchaikot, District- Gopalganj. 2. Mostt. Asha Kuer w/o Balinder Rai resident of Village-Balathari, P.O. Balathari, P.S- Kuchaikot, District- Gopalganj. 3. Abhijit Rai s/o Late Balinder Rai resident of Village-Balathari, P.O. Balathari, P.S- Kuchaikot, District- Gopalganj. 4. Vishwajit Rai s/o Late Balinder Rai resident of Village-Balathari, P.O. Balathari, P.S- Kuchaikot, District- Gopalganj. 5. Prabhunat Rai s/o Late Kapildeo Rai resident of Village-Balathari, P.O. Balathari, P.S- Kuchaikot, District- Gopalganj. 6. Sheo Vijay Shai s/o Late Braj Kishore Shahi resident of Village-Balathari, P.O. Balathari, P.S- Kuchaikot, District- Gopalganj. 7. Indu Devi D/O Late Braj Kishore Shahi resident of Village-Balathari, P.O. Balathari, P.S- Kuchaikot, District- Gopalganj. 8. Madhuri Devi D/o Late Braj Kishore Shahi resident of Village-Balathari, P.O. Balathari, P.S- Kuchaikot, District- Gopalganj. 9. Rina Devi D/o Late Braj Kishore Shai resident of Village-Balathari, P.O. Balathari, P.S- Kuchaikot, District- Gopalganj. 10. Happy Devi D/o Late Braj Kishore Shahi resident of Village-Balathari, P.O. Balathari, P.S- Kuchaikot, District- Gopalganj. 11. Satendar Thakur s/o Babban Thakur resident of Village and P.O- Gangoli, P.S. Simri, District- Buxar. 12. Sunil Thakur s/o Late Babban Thakur resident of Village and P.O- Gangoli, P.S. Simri, District- Buxar. 13. Pushpa Devi D/O Late Babban Thakur resident of Village and P.O- Gangoli, P.S. Simri, District- Buxar. 14. Renu Devi D/O Late Babban Thakur resident of Village and P.O- Gangoli, P.S. Simri, District- Buxar. 15. Ruby Devi D/O Late Babban Thakur resident of Village and P.O- Gangoli, P.S. Simri, District- Buxar. 16. Gayatri Devi D/O Lae Kapildeo Rai resident Village Gopalpur, P.S. Gopalpur, District- Gopalganj. 17. Shailwanti Devi D/O Late Kapildeo Rai resident Village Gopalpur, P.S. Gopalpur, District- Gopalganj. 18. Mahesh Rai S/o Late Nagina Rai resident Village Gopalpur, P.S. Gopalpur, District- Gopalganj. Patna High Court C.Misc. No.1118 of 2024(2) dt.13-03-2026 2/5 19. Dinesh Rai S/O Late Nagina Rai resident Village Gopalpur, P.S. Gopalpur, District- Gopalganj. 20. Mosamat Indu Devi W/O Late Nagina Devi resident Village Gopalpur, P.S. Gopalpur, District- Gopalganj. 21. Manju Devi D/O Late Nagina Rai resident Village Gopalpur, P.S. Gopalpur, District- Gopalganj. 22. Ragnee Devi D/O Late Nagina Rai resident Village Gopalpur, P.S. Gopalpur, District- Gopalganj. 23. Kalpana Devi D/O Late Nagina Rai resident Village Gopalpur, P.S. Gopalpur, District- Gopalganj. 24. Vandana Devi D/O Late Nagina Rai resident Village Gopalpur, P.S. Gopalpur, District- Gopalganj. 25. Veena Devi W/O Late Arbind Rai resident Village Gopalpur, P.S. Gopalpur, District- Gopalganj. 26. Shashi Shekhar Rai S/o Late Arbind Rai resident Village Gopalpur, P.S. Gopalpur, District- Gopalganj. 27. Ravi Shanker Rai S/o Late Arbind Rai resident Village Gopalpur, P.S. Gopalpur, District- Gopalganj. 28. Shahank Shekhar Rai S/o Late Arbind Rai resident Village Gopalpur, P.S. Gopalpur, District- Gopalganj. 29. Jyotshana Rai D/O Late Arbind Rai resident Village Gopalpur, P.S. Gopalpur, District- Gopalganj. 30. Rekha Devi D/O Late Arbind Rai resident Village Gopalpur, P.S. Gopalpur, District- Gopalganj. 31. Markandey Rai S/O Late Gorakh Rai resident Village Gopalpur, P.S. Gopalpur, District- Gopalganj. 32. Saroj Devi D/O Late Gorakh Rai resident Village Gopalpur, P.S. Gopalpur, District- Gopalganj. 33. Saita Devi D/O Late Gorakh Rai resident Village Gopalpur, P.S. Gopalpur, District- Gopalganj. 34. Shyama Devi D/O Late Gorakh Rai resident Village Gopalpur, P.S. Gopalpur, District- Gopalganj. 35. Shandhya Devi D/O Late Gorakh Rai resident Village Gopalpur, P.S. Gopalpur, District- Gopalganj. 36. Ahilesh Rai S/O Late Vishwanath Rai resident Village Gopalpur, P.S. Gopalpur, District- Gopalganj. 37. 37. Tarkeshwar Rai S/O Late Vishwanath Rai resident Village Gopalpur, P.S. Gopalpur, District- Gopalganj. 38. Rajeshwar Rai S/O Late Vishwanath Rai resident Village Gopalpur, P.S. Gopalpur, District- Gopalganj. 39. Raj Kumari Devi D/O Late Vishwanath Rai resident Village Gopalpur, P.S. Gopalpur, District- Gopalganj. 40. Ruby Devi W/O Late Bhuneshwar Rai resident of Village- Gopalpur Patna High Court C.Misc. No.1118 of 2024(2) dt.13-03-2026 3/5 Parsauni, P.S- Gopalpur, District- Gopalganj. 41. Adarsh Rai S/O Late Bhuneshwar Rai resident of Village- Gopalpur Parsauni, P.S- Gopalpur, District- Gopalganj. 42. Diksha Rai D/O Late bhuneshwar Rai resident of Village- Gopalpur Parsauni, P.S- Gopalpur, District- Gopalganj. ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Pankaj Kumar Dubey For the Respondent/s : Mrs. Anjali Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER 2 13-03-2026 The instant civil miscellaneous application has been filed for quashing/setting aside the order dated 31.07.2024 passed in Title Appeal No. 229 of 2006 by learned Additional Sessions Judge-VII, Gopalganj whereby and whereunder he rejected the petition dated 29.02.2024 of the petitioner for staying the further proceedings in the Title Appeal till the disposal of the Misc. Appeal No. 29 of 2023 arising out of Misc. Case No. 01 of 2009. 2. Learned counsel for the petitioner submits that the Title Partition Suit No. 135 of 1993 was filed by respondent which was decreed ex-parte against him. Against that order, he has preferred Miscellaneous Case No. 01 of 2009 for setting aside the said ex-parte decree which was also dismissed. He has attached the copy of that order in the present application in which it is mentioned that petitioner had got the knowledge about the aforesaid ex-parte decree passed in Title Partition Suit Patna High Court C.Misc. No.1118 of 2024(2) dt.13-03-2026 4/5 No. 135 of 1993 on 30.10.2007 while the said Miscellaneous Case was filed in the year 2009. Considering the entire facts, aforesaid miscellaneous case was dismissed. Against that order, he has also filed Miscellaneous Appeal No. 29 of 2023 before the Court of learned District Judge, Gopalganj which is still pending. 3. Learned counsel for the petitioner further submits that against the judgment and decree passed in Title Partition Suit No. 135 of 1993 one Title Appeal No. 229 of 2006 is also going on which is filed by the rest respondent/defendant and he fairly submits that he has also appeared in that appeal being one of the respondent i.e. respondent no. 24A to 24F. It is also submitted that petitioner was not given any opportunity to produce any evidence in Title Partition Suit No. 135 of 1993. 4. After hearing learned counsel appearing on behalf of both the parties it appears that, petitioner has full opportunity to contest the appeal and place his case before the Appellate Court. 5. In view of the above, the petitioner has the opportunity to contest the appeal and advance his arguments before the Appellate Court with regard to the stand which he was intending to take in T.P. Suit No. 135 of 1993, since the Patna High Court C.Misc. No.1118 of 2024(2) dt.13-03-2026 5/5 appeal arises out of the said suit. 6. Accordingly, this Civil Miscellaneous Application stands disposed of with a direction to the learned Appellate Court to dispose of the said appeal at the earliest, preferably within a reasonable period, since the appeal has been pending consideration since the year 2006. Ankit Kumar/- (S. B. Pd. Singh, J) U