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2025 DAILYLAW 101646 (PAT)

Ashok Kumar v. Rupesh Kumar

C.Misc./998/2025 · 2025-10-30

S B P Singh

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL MISCELLANEOUS JURISDICTION No.998 of 2025 ====================================================== Ashok Kumar S/O Late Raja Ram sah, R/O Village Bankatwa, Nagar Parishad, Bagaha, P.S. and P.O.- Bagaha District- West Champaran ... ... Petitioner/s Versus 1. Rupesh Kumar S/O Late Raja Ram Sah, R/O Village Bankatwa, Nagar Parishad, Bagaha, P.S. and P.O.- Bagaha District- West Champaran 2. Manoj Kumar son of Late Raja Ram Prasad, R/O Village Bankatwa, Nagar Parishad, Bagaha, P.S. and P.O.- Bagaha District-West Champaran 3. Anil Kumar son of Late Raja Ram Prasad R/O Village Bankatwa, Nagar Parishad, Bagaha, P.S. and P.O.- Bagaha District-West Champaran 4. Sunita Kumari daughter of Late Raja Ram Prasad, R/O Village Bankatwa, Nagar Parishad, Bagaha, P.S. and P.O.- Bagaha District-West Champaran 5. Heeramani Gupta, Wife of Late Arun Kumar daughter of Late Raja Ram Prasad R/O Village Bankatwa, Nagar Parishad, Bagaha, P.S. and P.O.- Bagaha District-West Champaran 6. Taramani Gupta, Wife of Ghanshyam Prasad, daughter of Late Raja Ram Prasad R/O Village Bankatwa, Nagar Parishad, Bagaha, P.S. and P.O.- Bagaha District-West Champaran ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr.Shyam Sunder Pandey For the Respondent/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER 2 30-10-2025 The present Civil Miscellaneous application has been filed for passing final order for sale of four Kathas of land, out of total area of 15 Kathas of plot no. 1202 Katha, bearing Khata No. 391 of Village Bankatwaa, which was previously permitted by the learned Sub-Judge, Bagaha, West Champaran vide order dated 07.12.2015 but that order was subsequently recalled on 08.06.2016, directing the petitioner not to sell any piece of land, the said order dated 08.06.2016 was challenged in the Hon’ble High Court in C. Misc. No. 798 of 2016 and the same being Patna High Court C.Misc. No.998 of 2025(2) dt.30-10-2025 2/2 illegal and without jurisdiction was set aside by the order dated 18.12.2017 passed by this Hon’ble Court directing the Court below to consider the case of the petitioner afresh for grant of permission to sell small portion of joint family property to meet the expenses of the marriage of petitioner’s daughter within a period of two months from the date of receipt/production of the copy of the order. 2. Learned counsel for the petitioner submits that in Partition Suit No. 31 of 2013, petitioner is defendant and he has filed a petition on 20.02.2018 before the learned Trial Court in the light of order passed by this Hon’ble High Court in Civil Miscellaneous Jurisdiction No. 798 of 2016 but that petition has not been disposed of till date. 3. In this circumstance, learned Trial Court is directed to pass afresh order in the said petition dated 20.02.2018 within a period of fortnight and the same must be disposed of after hearing both the parties. Both the parties are directed to diligently co-operate in the trial. Ankit Kumar/- (S. B. Pd. Singh, J) U