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2015 Supreme(Pat) 1324

SHIVAJI PANDEY
Alka Sharan – Appellant
Versus
Kunti Devi – Respondent


Advocates Appeared:
For the Petitioner:R.K.P. Singh, Bal Bhushan Choudhary and A.N. Vishawas, Advocates.
For the O.P. :Manoj Kumar Ambastha, Praveen Kumar, Md. Waliur Rahman and Nishant Kumar Sinha, Advocates.

JUDGMENT :

Shivaji Pandey, J.

Heard the parties.

2. The petitioner has filed the present review application in connection with order dated 10.2.2009 passed in M.A. No. 168 of 2008 by which this Court has refused to interfere with the order of the court below with respect to refusing to grant injunction in connection with Partition Suit No. 470 of 2006.

3. This case has a chequered history as partition suit is pending as well as with respect to the same property two probate cases are pending before this Court for adjudication.

4. Certain facts are relevant for the purposes of disposal of the present civil review application.

5. Sitabar Sharan has acquired substantial land in the Town of Patna vide Plot No. 1291 measuring 41 decimals of land, plot No. 1291/1856 measuring 10 decimals of land and plot No. 1289 measuring 30 decimals of land. In plot No. 1291 some shops were standing, in plot No. 1291/1856 old house was standing which was under the occupation of the plaintiff petitioner has a pathological lab over it. Sitabar Sharan has four sons and four daughters and present petitioner is youngest child of her parents as has been claimed by the petitioner that plot No. 1291/1856 has been giv








































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