IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL MISCELLANEOUS JURISDICTION No.1233 of 2023 ====================================================== 1. Pikesh Kumar S/o Late Ram Autar Bhagat Resident of Village-Kurmawan, Police Station- Barachatti, District- Gaya. 2. Rambilas Prasad S/o Late Ram Autar Bhagat Resident of Village- Kurmawan, Police Station- Barachatti, District- Gaya. 3. Matia Devi @ Malti Devi W/o Shri Balku Prasad Resident of Village- Kurmawan, Police Station- Barachatti, District- Gaya. 4. Parvati Devi W/o Shri Naresh Prasad Resident of Village-Kurmawan, Police Station- Barachatti, District- Gaya. 5. Meena Devi W/o Shri Bishwanath Prasad Resident of Village-Kurmawan, Police Station- Barachatti, District- Gaya. ... ... Petitioner/s Versus 1. Ranjit Pal S/o Late Kailash Bhagat Resident of Village-Kurmawan, Police Station- Barachatti, District- Gaya. 2. Rajnish Pal S/o Late Kailash Bhagat Resident of Village-Kurmawan, Police Station- Barachatti, District- Gaya. 3. Phulvanti Devi W/o Late Kailash Bhagat Resident of Village-Kurmawan, Police Station- Barachatti, District- Gaya. 4.1. Umesh Kumar S/o Late Brahmdeo Bhagat, R/o - Village - Kurmawan, P.S. - Barachatti, District- Gaya. 4.2. Dilip Kumar S/o Late Brahmdeo Bhagat, R/o - Village - Kurmawan, P.S. - Barachatti, District- Gaya. 4.3. Satish Kumar S/o Late Brahmdeo Bhagat, R/o - Village - Kurmawan, P.S. - Barachatti, District- Gaya. 4.4. Sunaina Devi W/o Sadagar Bhagat, R/o Village - Singhpokhar, P.O. - Chilling, P.S. - Dobhi, District- Gaya. 4.5. Kunti Devi W/o Sarjun Bhagat, R/o - Village Ghatparariya, P.O. - Pachmo, P.S. Hariharganj, District- Daltenganj (Jharkhand). 4.6. Kanti Devi W/o - Umesh Bhagat, R/o - Village - Bahuara, P.O. - Rajai, Bijai, P.S. and District- Aurangabad. 7. Manoj Kumar S/o Shri Sahdeo Bhagat Resident of Village- Kurmawan, Police Station- Barachatti, District- Gaya. 8. Shravan Kumar S/o Shri Sahdeo Bhagat Resident of Village- Kurmawan, Police Station- Barachatti, District- Gaya. 9. Santosh Kumar S/o Shri Sahdeo Bhagat Resident of Village- Kurmawan, Police Station- Barachatti, District- Gaya. 10. Vikash Kumar S/o Shri Sahdeo Bhagat Resident of Village- Kurmawan, Police Station- Barachatti, District- Gaya. ... ... Respondent/s ====================================================== Patna High Court C.Misc. No.1233 of 2023(7) dt.06-02-2026 2/4 Appearance : For the Petitioner/s : Mr.Ashok Kumar Mr. Amarnath Singh Mr. Bibhuti Narayan For the Respondent/s : Mr.Binod Kumar Sinha Mr. Suraj Narain Yadav Mr. Nikhilesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER 7 06-02-2026 The instant civil miscellaneous application has been filed for quashing the order dated 08.02.2023 passed by Sub-Judge,II, Sherghati, Gaya in Title Suit No. 29 of 2018 whereby the petition filed by the respondent under Order I Rule 10(2) dated 28.02.2023 of Civil Procedure Code has been allowed. 2. Learned counsel for the petitioners submits that Title Suit No. 29 of 2018 has been filed by the respondent/plaintiff for carving out their 1/3rd share in the suit property against the other co-parceners along with other ancillary reliefs and in the said title suit petitioners were arrayed as defendant nos. 8 to 12. 3. Learned counsel further submits that petitioners’ interest in the suit is that a gift deed has been executed in their favour by Ram Ratni Devi wife of Jageshwar Singh and Jageshwar Singh was the own brother of the great grandfather of plaintiff which also find support Patna High Court C.Misc. No.1233 of 2023(7) dt.06-02-2026 3/4 from the generological table appended in schedule 1 of the plaint. 4. Learned counsel for the respondent submits that the claim of aforesaid defendant nos. 8 to 12 has earlier been decided in Title Suit No. 282 of 2015/101 of 2008 vide judgment dated 20.04.2016. However, the said judgment or order is ex-parte and against which, as per submission of learned counsel for the petitioners miscellaneous no. 13 of 2023 is going on before the Court of learned Sub-Judge I, Sherghati, Gaya. At present, this suit is also pending before the Court of Sub-Judge II, Sherghati Gaya. 5. So, in view of this fact the claim of defendant nos. 8 to 12 whose name has been deleted by the impugned order is still sub-judice before a competent Court of Sherghati, Gaya so there is no illegality and impropriety in the deletion of the said defendant from the Title Suit No. 29 of 2018. 6. Hence, the present civil miscellaneous application stands dismissed. However it would be proper for petitioner to file a petition before learned Principal District Judge to transfer the Title Suit No. 29 of 2018 and Patna High Court C.Misc. No.1233 of 2023(7) dt.06-02-2026 4/4 Miscellaneous Case No. 13 of 2023 in the same Court with a direction to pass a judgment on the same day to avoid possibility of any conflicting judgment. 7. With the aforesaid, the instant application stands disposed of. Ankit Kumar/- (S. B. Pd. Singh, J) U