IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL MISCELLANEOUS JURISDICTION No.213 of 2018

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Nirmala Choubey W/o Late Ram Bachan Choubey R/o Village Bagahi, P.S.

Bhabhua, Dist. Kaimur A/p Village Rai, P.S.Khetari, Dist. Ranchi Jharkhand.

... ... Petitioner/s

Versus

1.

Deepak Kumar Choubey and Ors S/o Ram Bachan Pandey R/o Village

Bagahi, P.S. Bhabhua, Dist. Kaimur A/p Village Bheria, P.S. Durgawati,

Dist. Kaimur Bhabhua.

2.

Sarbada Pandey @ Hemlata Pandey W/o Sri Mahanand Pandey D/o Late

Ram Bachan Pandey

3.

Bimmi Pandey W/o Sri Santosh Kumar Pandey D/o Late Ram Bachan

Choubey

4.

Harendra Choubey

5.

Praveen Choubey Sons of Ram Bachan Choubey All R/o Village Bagahi,

P.S. Bhabhua, Dist. Kaimur A/p Village Bheria, P.S. Durgawati, Dist.

Kaimur Bhabhua.

6.

Ram Awadh Choubey S/o Late Sitaram Choubey

7.

Gajanal Choubey

8.

Sanjai Choubey

9.

Sunil Choubey

10.

Balbant Choubey Sons of Ram Awadh Choubey All R/o Village Bagahi, P.S.

Bhabhua, Dist. Kaimur A/p Village Bheria, P.S. Durgawati, Dist. Kaimur

Bhabhua.

11.

Sukhram Choubey S/o Late Sitaram Choubey

12.

Atal Bihari Choubey

13.

Ajay Choubey Sons of Sukhram Choubey All R/o Village Bagahi, P.S.

Bhabhua, Dist. Kaimur A/p Village Bheria, P.S. Durgawati, Dist. Kaimur

Bhabhua.

14.

Smt. Savitri Choubey W/o Late Ram Chandra Choubey

15.

Amit Choubey Minor

16.

Abhishek Choubey Minor Sons of Late Ram Chandra Choubey, u/g of their

mother Savitri Choubey , Mother and guardian All R/o Village Bagahi, P.S.

Bhabhua, Dist. Kaimur A/p Village Bheria, P.S. Durgawati, Dist. Kaimur

Bhabhua.

17.

Smt. Ragini Devi @ Babali Devi W/o Mata Sharan Pandey D/o Late Ram

Chandra Choubey R/o Village Raghunathpur, P.S. Chakia, Dist. Chandauli

U.P..

18.

Anju Choubey Minor D/o Late Savitri Choubey, U/g of Savitri Choubey

Mother and guardian All R/o Village Bagahi, P.S. Bhabhua, Dist. Kaimur

A/p Village Bheria, P.S. Durgawati, Dist. Kaimur Bhabhua.

... ... Respondent/s

Patna High Court C.Misc. No.213 of 2018(2) dt.14-07-2022

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Appearance :

For the Petitioner/s

:

Mr.Rewti Kant Raman

For the Respondent/s

:

Mr.

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CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA

ORAL ORDER

2

14-07-2022

Heard learned Counsel for the petitioner.

Learned Counsel for the petitioner submits that the

partition suit, bearing Title Suit No. 87 of 2004, is pending in

the Court of learned Sub Judge VII, Kaimur, at Bhabhua since

2004 and unnecessary petitions are being filed by defendant no.

2, requiring the plaintiff and the defendant no. 17 to disclose the

properties standing in their names. According to the petitioner, it

has already been disclosed and the description of three

properties have been given by the plaintiff as well as the

defendant no. 17, but still the learned Court below is not

proceeding in the suit, which is pending for about 18 years.

Learned Counsel does not want to press the impugned

order and submits that a direction be given to the learned Court

below to dispose the suit on its own merits one way or the other

as early as possible without giving unnecessary adjournment to

either parties. Learned Counsel submits that the evidence of all

the parties have been closed in the year 2012 itself.

In view of the fact that the suit is of the year 2004 and

the evidence of all the parties have been closed in the year 2012,

Patna High Court C.Misc. No.213 of 2018(2) dt.14-07-2022

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accordingly, the learned Court below is requested to dispose the

suit on its own merits as early as possible without giving

unnecessary adjournment to either parties, preferable within a

period of six months from today.

This application is disposed with the aforesaid

observation and direction.

Prabhakar Anand/-

(Anil Kumar Sinha, J.)

U

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