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2026 DAILYLAW 5097 (JHR)

MINI DEVI v. LAKHI DEVI

C.M.P./99/2026 · 2026-02-20

Rajesh Kumar

Civil Appealbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2026:JHHC:5241 IN THE HIGH COURT OF JHARKHAND AT RANCHI C.M.P. No. 99 of 2026 Mini Devi aged about 65 years wife of Sukra Mirdha, resident of Village Sarnatoli, Mahabir Nagar, P.O. Kokar, P.S. Sadar, District Ranchi (Jharkhand) …....... Plaintiff/Petitioner(s) Vrs. 1.Lakhi Devi wife of Rajendra Ram, resident of Village Gonda, P.O. and P.S. Gonda ( Bariatu), District Ranchi, at present residing at Kanke Road, Mission Gali, P.O. and P.S. Gonda, District Ranchi. 2.Pusan Devi wife of Ramchandra Mirdha, resident of Village Sarnatoli, Mahabir Nagar, P.O. Kokar, Ranchi (Jharkhand) 3. Koka Devi @ Kalo Devi wife of Sudhir Mirdha, resident of Village Sarnatoli, Mahabir Nagar, P.O. Kokar, P.S. Sadar, District Ranchi (Jharkhand) ........... Defendants/ Opposite Party(s) ….... CORAM: HON’BLE MR. JUSTICE RAJESH KUMAR For the Petitioner(s) : Mr. Amar Kumar Sinha, Advocate For the O.P.(s) : Mr. D.K. Chakaraverty, Advocate 03/20.02.2026 Issue notice to the Opposite parties. 2. Learned counsel Mr. D.K. Chakraverty appears on behalf of the opposite parties by filing vakalatanama and has filed I.A. No. 552 of 2026 for acceptance of the same. 3. Accordingly, vakalatnama is accepted and I.A. No. 552 of 2026 stands disposed of. 4. The present C.M.P. has been filed for quashing of the order dated 15.12.2025 passed by learned Civil Judge, Senior Division-VI, Ranchi in M.C.A. No.614 of 2025 (Execution Case No.248 of 2016) contained in Annexure-3 to this Civil Miscellaneous Petition by which the petition filed by the judgment Debtor/Petitioner to modify the final decree passed in Partition Suit No.18 of 2014 on account of death of one of the Defendant during the pendency of the Execution Case has been rejected and prayer was also made that share of the deceased Bachan Devi be divided amongst her heirs and legal 2026:JHHC:5241 representatives and accordingly final decree passed in the said Partition Suit be modified to this extent such other relief or reliefs to which the petitioner is legally entitled to. 5. It is an admitted position that it is a partition suit between the family members and the decree has attained finality. 6. Now during execution of the decree, one of the family members has died. As such, the share allotted to the deceased family member has to be devolved amongst other coparceners. 7. Parties are agreeable to this legal proposition and they are also agreeable the said share of the deceased coparcener shall be distributed amongst the remaining coparceners. 8. The Executing Court is supposed to allocate the land allocated to the deceased’s family members to other family members in accordance with law. 9. With the above observation and direction, the present C.M.P. stands disposed of. (Rajesh Kumar, J.) 20.02.2026 Raja Uploaded 21/02/2026