A civil publication court granted a temporary interim order to disburse Rs.5,00,000/- from the compensation amount deposited in court towards the medical treatment of the 86-year-old petitioner, who claims a one-fifth share in the suit property.
Disbursed Rs.5,00,000/- in favour of the petitioner for her treatment and other expenses.
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CMP No.1164 of 2016
23.11.2016
This petition challenges the order dated 11.7.2016 passed by the learned Civil
Judge (Sr. Divn.), Kamakhyanagar in C.S. No.30 of 2015 vide Annexure-6. By the said order, le
arned trial court rejected the application of the defendant no.2 for disbursement of compensat
ion amount in her favour.
Opposite party nos.1 and 2 as plaintiffs instituted the suit seeking the follo
wing reliefs impleading the petitioner and opposite party nos.3 to 7 as defendants.
(a) That a preliminary decree be passed declaring 1/5th share both landed property and compens
ation amount and plaintiff no.2 and defendant no.4 and 5 jointly entitled to get 1/5th share b
oth landed property and compensation amount whereas defendant no.2, 3 and 6 are entitled to ge
t 1/5th share each both landed property and compensation amount, in their favour separately.
(b) That a decree be passed declaring the right, title, interest and possession in favour of L
ate Udayanath Parida over the suit land and the plaintiff and defendant no.2 to 6 have share o
f the suit land.
(c) That after passing of preliminary decree an Amin commissioner be deputed to make the decre
e final.
(d) That the cost of the suit be decreed in favour of the plaintiff from defendant no.1 and 2.
(e) That the decree may be passed give direction to the defendant no.1 to change the award and
send the matter U/s.30 of L.A. Act and injuncted him not to disburse the compensation amount
in favour of defendant no.2 only.
(f) That any other relief or reliefs the plaintiff is entitled to get in law and equity be als
o decreed.
Pursuant to issuance of summons, defendant nos.2 and 3 entered appearance and
filed written statement. While the matter stood thus, defendant no.2 is the mother of plaintif
f no.1 filed an application for disbursement of compensation amount contending that she is an
old woman of 86 years. She is fag end of her life. Due to extreme old age, she is facing compl
icated health problems. She requires money deposited before the court towards compensation amo
unt for medical treatment. Learned trial court came to hold that vide order dated 9.7.2015 in
CMP No.577 of 2015, this Court directed that the compensation amount shall be deposited in the
name of the concerned Registrar, Civil Court in any Nationalized Bank in shape of fixed depos
it, so that the amount shall fetch some interest. It was further directed to dispose of the ma
tter expeditiously after giving opportunity of hearing to the parties. The petition filed by t
he defendant no.2 does contain reflection of that order. Relying on the submission of Addition
al Government Pleader that defendant nos.2 and 3 has been set exparte, learned trial court rej
ected the application.
Heard Mr. S.D. Das, learned Senior Advocate along with Mr.H.K.Behera, learned
counsel for the petitioner and Mr.G.N. Mishra, learned counsel for the opposite party nos.1, 2
, 5 and 6.
Learned Senior Advocate for the petitioner submits that the petitioner is the
unfortunate mother of plaintiff no.1. She has been unnecessarily dragged to the court by her d
aughter and daughter-in-law. The compensation amount has been deposited in the court. She has
one share of the property. The petitioner is seriously ill and requires money for medical trea
tment.
When a query is made as to whether what is the share of the defendant no.2-pet
itioner in the suit property, Mr. Das, learned Senior Advocate for the petitioner submits that
she is 1/5th share.
Considering the old age of the petitioner and ailment suffering by her, this C
ourt feels that ends of justice shall be better served, if an amount of Rs.5,00,000/- (rupees
five lakhs) be disbursed in favour of the petitioner for her treatment and other expenses. Ord
er accordingly.
The petition is disposed of.
4
1 issue framed by the court
Whether the compensation amount should be partially disbursed for the medical treatment of the 86-year-old petitioner despite the pendency of the partition suit.
Defendant no.2
Plaintiff no.1
Plaintiff no.2
Defendant no.1
Defendant no.6
Justice Name Unknown
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court