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2025 DAILYLAW 23005 (JHR)

SHISHIR PRASAD v. RADHIKA DEVI

C.M.P./808/2024 · 2025-01-02

Sanjay Kumar Dwivedi

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

--1-- C.M.P. No. 808 of 2024 IN THE HIGH COURT OF JHARKHAND, RANCHI C.M.P. No. 808 of 2024 ---- 1. Shishir Prasad, aged about 50 years, S/o Late Seo Nandan Prasad R/o Shastri Chowk, Lohardaga under PO and PS -Lohardaga, District - Lohardaga .... Petitioner -- Versus -- 1. Radhika Devi W/o Late Dinesh Prasad aged about 55 years 2. Uttam Kumar @ Ashish Kumar aged about 24 years, S/o Late Dinesh Prasad 3. Saroj Prasad aged about 39 years, D/o Late Dinesh Prasad W/o Sri Sunil Kumar 4. Sushma Prasad D/o Late Dinesh Prasad W/o Sri Arun Kumar Gupta aged about 36 years 5. Sushmita Prasad aged about 35 years, D/o Late Dinesh Prasad W/o Sri Arun Kumar Gupta All are resident of Tangratoli, Shastri Chowk under PO and PS – Lohardaga District – Lohardaga 6. Usha Devi W/o Late Ramesh Prasad aged 50 years 7. Ravi Kumar @ Sonu Prasad aged about 30 years 8. Rohan Gupta @ Manu aged about 20 years both S/o Late Ramesh Prasad 9. Abhay Kumar S/o Late Sheo Nandan Prasad aged about 44 years all R/o Shastri Chouk, Lohardaga under PO and PS – Lohardaga, District – Lohardaga 10. Vikash Kumar Agarwal aged 30 years 11. Ravi Kumar aged about 35 years, both S/o Late Vishwanath Prasad Agarwal R/o East Gola Road under PO and PS – Lohardaga, District - Lohardaga .... Respondents ---- CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI --- For the Petitioner :- Mr. Ashok Kumar Pandey, Advocate For the Respondents :- ---- 04/02.01.2025 Heard learned counsel appearing for the petitioner. --2-- C.M.P. No. 808 of 2024 2. This petition has been filed under Article 227 of the Constitution of India for quashing of the order dated 27.03.2024 passed by learned Civil Judge (Junior Division), Lohardaga in Partition Suit No.75 of 2020. 3. Learned counsel appearing for the petitioner submits that in the partition suit preliminary decree was made and pursuant to that the pleader commissioner was appointed and he has submitted the report and against the pleader commissioner’s report objection was filed by the petitioner, however, the learned Court has been pleased to reject the same and that too on any cogent reason. 4. It is well settled that the objection filed by the petitioner against the pleader commissioner’s report can also be considered in the appeal once the final decree is prepared, as such this petition is being disposed of with liberty to the petitioner to take all the grounds in the appeal against the final decree. (Sanjay Kumar Dwivedi, J.) Sangam/