Dismissed

Mostt. Mithilesh Devi and Anr. v. Sri Jai Kumar and Ors.

Patna HC4 Sept 2013CWJC/7025/2013

Case brief

AI extract

What is this about?

Writ petition instituted by respondents before the civil court challenging an ex parte order passed against other respondents. The High Court held that the petitioners had no grievance and the application was not maintainable, dismissing it.

What did the court decide?

None. The writ application was dismissed for want of maintainability as the petitioners were not aggrieved by the impugned order.

Mostt. Mithilesh Devi and Anr. Vs Sri Jai Kumar… — Civil Procedure and Limitation | Patna HC (2013)

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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Civil Writ Jurisdiction Case No.7025 of 2013

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====================================================== 1. Mostt. Mithilesh Devi Wife Of Late Jai Narayan Prasad 2. Shiv Narayan Prasad Son Of Late Girja Prasad Resident Of Mohalla - Barihat Near Laxami Mandir Chowk Purnia, Police Station - K.Hat, District - Purnia

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.... .... Petitioners Versus 1. Sri Jai Kumar Son Of Late Dukha Prasad Resident Of Chunapur Road, Madhubani, Police Station - K.Hat, District - Purnea 2. Ram Narayan Prasad Son of Late Girja Prasad Resident of Mohalla - Barihat, Near Laxami Mandir Chowk, Purnea, Police Station - K. Hat, District - Purnia

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Deo Narayan Prasad Son Of Late Girja Prasad Resident Of Mohalla - Barihat Near Laxami Mandir Chowk Purnia, Police Station - K.Hat, District - Purnia 4. Mostt. Satibala @ Rekha Widow Of Late Dinesh Naryan Prasad Resident of Mohalla - Jhanda Chowk Khajani Hat, Police Station -K.Hat, District - Purnea

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Neelesh Narayan Alias Kesho Son Of Late Dinesh Narayan Prasad Resident Of Mohalla - Jhanda Chowk Khajani Hat, Police Station -K.Hat, District - Purnea

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Smt. Binit Bhashkar Alias Mithoo Daughter Of Late Dinesh Narayan Prasad Wife Of Amit Bhashkar Resident Of Motijhil, Muzaffarpur, District - Muzaffarpur 7. Smt. Sudha Narayan Daughter Of Dinesh Narayan Prasad And Wife Of Niraj Kumar Srivastava Resident Of Chhapra, District Chhapra

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.... .... Respondents

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====================================================== Appearance : For the Petitioners : Mr. Prem Kr. Verma, advocate For the Respondents : Mr.

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====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER

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2 04-09-2013 Heard learned counsel for the petitioners.

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The petitioners, in the present application under Article 227 of the Constitution of India, are respondents Nos. 2 and 3 before the court below in Title Appeal No. 31 of 1993. They are aggrieved by an order dated 12.02.2013 passed by learned Additional District Judge- I, Purnia in Title Appeal No. 31 of 1993

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Patna High Court CWJC No.7025 of 2013 (2) dt.04-09-2013

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2/2

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whereby the court below has decided to proceed ex parte against respondents Nos. 6(a), 6(b), 6(c) and 6(d).

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The contention of the petitioners is that appeal notices were though served upon respondents Nos. 6(a) and 6(b) but the same were not served upon respondents Nos. 6(c) and 6(d) and, therefore, the court below ought not to have proceeded ex-parte as against respondents Nos. 6(c) and 6(d).

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From the cause title of the application, it appears that respondents Nos. 6(c) and 6(d) before the court below are daughters of Late Dinesh Narayan Prasad, whose wife, Most. Satibala, and son Neelesh Narayan are respondents Nos. 4 and 5 in the present application and respondents Nos. 6(a) and 6(b) before the court below. The persons who may have grievance against the ex parte order are not questioning the legality of the order passed by the court below. These petitioners, who are respondents Nos. 2 and 3 before the court below, cannot be said to have any grievance against the impugned order, as such order will, in no manner, prejudice their case.

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This application, in such circumstances, cannot be maintained and is, accordingly, dismissed.

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(Chakradhari Sharan Singh, J)

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BKS/-

Mostt. Mithilesh Devi and Anr. v. Sri Jai Kumar and Ors.

Case brief

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Mostt. Mithilesh Devi and Anr. v. Sri Jai Kumar and Ors.

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