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2025 DAILYLAW 41453 (JHR)

BASANTI DEVI v. MANISH CHOUDHARY

C.M.P./1111/2025 · 2025-12-03

Gautam Kumar Choudhary

body2025

Judgment text

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2025:JHHC:36235 IN THE HIGH COURT OF JHARKHAND AT RANCHI C. M. P. No. 1111 of 2025 ----- 1. Basanti Devi, W/o Late Sudhir Narone 2. Rajeev Narone, S/o Late Sudhir Narone 3. Lakshman Narone, S/o Late Sudhir Narone 4. Sanjay Narone, S/o Late Sudhir Narone, All are R/o Baidyanath Lane, Deoghar, P.O.-B-Deoghar, P.S.-Deoghar, Dist.-Deoghar, Jharkhand … …. Petitioners Versus 1. Manish Choudhary, S/o Late Kiran Shankar Choudhary, R/o 401 Sea Block, Flat No. 9-A, Prorah Exofica-71/3 Canal, Circular Road Kakur Gachi, P.O. & P.S.-Kakur Gachi, Dist.-Kolkata, West Bengal 2. Anand Choudhary, S/o Late Kiran Shankar Choudhary, R/o VIP Tower, Block-C, Flat No. 5/B-80, Gola Ghat Road, Sribhumi Nokia Care, P.O. & P.S.-Sribhumi, Dist.-Kolkata, West Bengal 3. Rajendra Prasad Choudhary, S/o Late Babu Lal Agarwalla, R/o 98 Chirtopher Road, P.O. & P.S.-Chirtopher, Dist.-Kolkata, West Bengal 4. Ram Gopal Agarwalla, adopted son of Late Hari Ram Agarwalla, R/o 106/Dakhindhari Road, P.O.& P.S.- Dakhindhari, District-Kolkata- 700048, (West Bengal). 5. Mahesh Kumar Agarwalla, Son of Late Ram Narayan Agarwalla, Resident of-Shalom Building. Veekshanam Road, P.O. & P.S.- Veekshanam Road, District- Ernakulam-682018 (Tamil Nadu). 6. Kanhaiyalal Choudhary, S/o Debi Dutta Choudhary Resident of Belbhedere Complex, VIP Complex, Raghunathpur, P.O. & P.S.- Raghunathpur, District- Kolkata- 700059, (West Bengal). 7. Murarilal Choudhary, Son of Debi Dutta Choudhary, Resident of 192- Chittaranjan Avenue, P.O. & P.S.-Chittaranjan, District- Kolkata- 700007 (West Bengal). 8. Suresh Kumar Choudhary, Son of Devi Dutta Choudhary, Resident of- 192-Chittaranjan Avenue, P.O. & P.S.- Chittaranjan, District- Kolkata- 700007 (West Bengal). 9. Binod Kumar Agarwalla, Son of Late Babulal Agarwalla, Resident of Chittaranjan Avenue, P.O. &P.S. Chittaranjan, District- Kolkata 700007 (West Bengal). 10. Sanjay Kumar Singh, Son of Late Parmanand Singh, Resident of village Baghmari, P.O. & P.S. Katoria, District- Banka, Bihar at present posted as Dy. S.P., Jamtara, Head Office- Jamtara, P.O. & P.S.- Jamtara, District- Jamtara, Jharkhand. 11. Madhuri Devya @ Madhuri Devi, Wife of Late Gultan Narone 12. Sanjeev Narone @ Saroj Narone, Son of Late Gultan Narone 13. Ram Narone @ Ramji Narone, Son of Late Gultan Narone All are resident of Baidyanath Lane, Deoghar, P.O.-P.S.- Deoghar, Jharkhand. District-Deoghar. 14. Laxmi Devi @ Raj Laxmi, Wife of Chandan Naraya Jha and daughter of Late Gultan Narone, Reside of B.N. Jha Path, Near- House of Dilip Jha LIC Service Holder) P.O.- B-Deoghar, P.S.- Deoghar, District- Deoghar, Jharkhand. 15. Dilip Narone, Son of Late Shyama Charan Narone, Resident of 2025:JHHC:36235 2 Baidyanath Lane, Deoghar, P.О.- В-Deoghar Doghar, P.S.-Jharkhand. Deoghar … …. Opp. Parties ----- CORAM: HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY ----- For the Petitioners : Mr. Sudhansu Kr. Deo, Advocate For the Opp. parties : ----- Oral Order 02 / Dated : 03.12.2025 1. Petitioners are the defendants-second party in Original (Title Declaration) Suit No. 80 of 2022, and the instant civil miscellaneous petition has been filed for quashing the order dated 11.09.2025 by which the amendment petition filed on 04.10.2024 under Order VI Rule 17 read with Section 151 of C.P.C. was dismissed for default as not pressed. 2. It is submitted by learned counsel for the petitioners that the issue in this case was framed on 18.03.2025, whereas the amendment petition had been filed by the petitioners before framing of issue. It is also submitted that the proposed amendments are formal in nature and will not cause any prejudice. 3. On perusal of the impugned order, it appears that the said petition was rejected as on the said date, on repeated calls, none had appeared to press the said petition. 4. Considering the stage of trial and the nature of amendment, sought for, the Trial Court is directed to pass order afresh on the amendment petition dated 04.10.2024 by hearing both the parties. This civil miscellaneous petition stands disposed of. Pending, I.A. if any, also stands disposed of. (Gautam Kumar Choudhary, J.) Satyendra Uploaded 04.12.2025