Dismissed

Kaushalya Kuer @ Kaushalya Dev v. Syed Abu Saif Mehar Nawaz and or

Patna HC19 Oct 2012CWJC/5025/2012

Case brief

AI extract

What is this about?

This order under Article 227 addressed a writ challenging the sub-judge's order in a title suit permitting withdrawal. The court noted no prejudice to petitioners' intervention rights and disposed of the application without further analysis.

What did the court decide?

The writ petition questioning the order permitting withdrawal of the suit is disposed of.

Kaushalya Kuer @ Kaushalya Dev Vs Syed Abu Saif Mehar Nawaz… — Property and Title | Patna HC (2012)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.5025 of 2012

¶2

======================================================

¶3

Kaushalya Kuer @ Kaushalya Devi, wife of late Jwala Prasad Arya.

¶4

Suryadeo Prasad Arya @ Suryadeo Prasad.

¶5

Vishnudeo Prasad Arya @ Vishnudeo Arya.

¶6

Budhdeo Prasad Arya @ Budhdeo Arya.

¶7

Indradeo Prasad Arya @ Indradeo Arya.

¶8

Rudradeo Prasad Arya.

¶9

Satyadeo Prasad Arya.

¶10

Ramdeo Prasad Arya. All are sons of late Jawala Prasad Arya.

¶11

Raj Kumar Kuer @ Raj Kumari Devi, wife of Dharmdeo Prasad Arya

¶12

Mukeshwar Kumar Arya @ Mukteshwar Arya

¶13

Bhuneshwar Kumar Arya. Both are sons of late Dharmdeo Prasad Arya. All are residents of Mohalla- Purani Gudari, P.O. & P.S.Bettiah Sadar, District- West Champaran.

¶14

....Intervener .... Petitioner/s

¶15

Versus

¶16

1. Syed Abu Saif Mehar Nawaz, son of late Syed Mojibur Rahman, resident of Bettiah Town, Mohalla- Kalibagh, P.O. & P.S.- Bettiah, District- West Champaran.

¶17

Shobha Devi, daughter of Kedar Prasad and wife of Raj Kumar Prasad, resident of Village- Jaine Tola, P.S.- Bagaha, District- West Champaran, at present resident of Bettiah Town, Mohalla- Purani Gudari, P.O. & P.S.- Bettiah, District- West Champaran. (Defendant 1^st Party).

¶18

Amit Jaiswal, son of late Om Prakash Jaiswal, resident of Bettiah Town, Mohalla- Purani Gudari, P.O. & P.S.- Bettiah, District- West Champaran. (Defendant 2^nd party).

¶19

.... .... Respondent/s

¶20

====================================================== Appearance : For the Petitioner/s : Mr. Ashutosh Kumar For the Respondent/s : Mr.

¶21

====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER

¶22

3 19-10-2012 Heard Mr. Ashutosh Kumar, learned counsel appearing on behalf of the petitioner.

¶23

This application under Article 227 of the

¶24

Constitution of India has been filed questioning the order dated 10.8.2009 passed by the learned Sub-Judge-IV, West

¶25

Patna High Court CWJC No.5025 of 2012 (3) dt.19-10-2012

¶26

¶27

Champaran at Bettiah in Title Suit No.130 of 2008, whereby the learned court below even while allowing the application for intervention made by the petitioner under Order I, rule 10 of the Code of Civil Procedure (hereinafter referred to as ‘the Code’) has permitted the plaintiff to withdraw the suit under Order 23, rule 1 of the Code.

¶28

The suit in question has been filed seeking permanent injunction against the defendants. The records manifest that the learned court below having considered the intervention application has observed that it requires consideration. The observation of the court below does not specify whether or not the intervention application was allowed. In that view of the matter, no prejudice can be found to be caused to the petitioners as defendants by virtue of permission granted by the court below to the plaintiff to withdraw the suit.

¶29

This application is accordingly disposed of.

¶30

(Jyoti Saran, J)

¶31

SKPathak/-

Kaushalya Kuer @ Kaushalya Dev v. Syed Abu Saif Mehar Nawaz and or

Case brief

What is this about?

What did the court decide?

Kaushalya Kuer @ Kaushalya Dev v. Syed Abu Saif Mehar Nawaz and or

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Arjun Singh and Ors. Vs Sanjay Kumar and Ors.

Bhairav Singh Vs Monorma Devi and Ors.

Manager Sah Vs The State Of Bihar and Ors.

Kamal Kishore Prasad and Ors. Vs Mostt.Lalita Devi and Ors.

Shyam Sunder Singh @ Shyam Sun Vs Ramadhar Singh and Ors.

Satyanarayan Sao @ Satya Praka Vs Naresh Sao and Ors.