Dismissed

Sanjay Sah v. Arbind Prasad and Ors.

Patna HC22 Nov 2016CWJC/14171/2013

Case brief

AI extract

What is this about?

In a writ petition challenging an order impleading a pendente lite purchaser in a suit, the Court dismissed the application. It held that since the petitioner accepted the sale occurred, no illegality existed in the impleading as the validity of the sale was not an issue at the interim stage.

What did the court decide?

Application seeking quashing of the impleading order was dismissed.

Sanjay Sah Vs Arbind Prasad and Ors. — Partition | Patna HC (2016)

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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Civil Writ Jurisdiction Case No.14171 of 2013

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=========================================================== Sanjay Sah S/O Sri Kishun Sah Resident of Village - Patakhauli, P.S. Bagaha, District - West Champaran

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.... .... Petitioner/s

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Versus

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Arbind Prasad S/O Late Kamala Prasad Resident Of Village - Lagunaha, P.S. Chautarawa, District - West Champaran

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Munna Kumar Jaiswal S/O Sri Shankar Prasad Resident of Village - Miraja Tola Bagaha, P.O. + P.S. Bagaha, Distt. West Champaran

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Manju Devi W/O Late Sheo Shankar Sah

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Muna Sah S/O Late Sheo Shankar Sah

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Mohan Sah S/O Late Sheo Shankar Sah

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Raju Sah S/O Late Sheo Shankar Sah

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Hari Shankar Sah S/O Late Lakshmi Sah all Resident Of Parau Tola, P.O. Lairiya, P.S. Lairiya At Present Residing At Narayanpur, P.O. Patkhauli, P.S. Bagaha District - West Champaran

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Suresh Prasad S/O Late Bal Khandi Sah Resident Of Patkhauli, P.S. Bagaha, Distt. West Champaran

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Shri Krishna Sah S/O Bijul Sah

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Dinesh Sah S/O Bijul Sah

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Shashi Kant Sah S/O Late Jagdish Sah

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Depu Sah S/O Late Jagdish Sah

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Ashok Sah S/O Kishun Sah all Resident of Village - Patkhauli, P.O. Patkhauli, P.S. Bagaha, Distt. West Champaran.

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.... .... Respondent/s

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=========================================================== Appearance : For the Petitioner/s : Mr. Braj Bhushan Mishra, Adv. For the Respondent/s : Mr.

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=========================================================== CORAM: HONOURABLE MR. JUSTICE V. NATH ORAL JUDGMENT Date: 22-11-2016

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Heard learned counsel for the petitioner.

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Patna High Court CWJC No.14171 of 2013 dt.22-11-2016

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By the impugned order, the learned court below has allowed the prayer of the pendente lite purchaser respondent to be impleaded as party in the suit.

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The defendant is the petitioner in this application.

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The fact has been accepted on behalf of the petitioner that the part of the suit property has been sold to the intervenor purchaser during the pendency of the suit by the plaintiff.

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Learned counsel for the petitioner has made the only submission that the defendant-petitioner is actually aggrieved by the sale of the property by the plaintiff during the pendency of the suit.

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In view of the fact that the sale of the property by the plaintiff during the pendency of the suit to the intervenor purchaser has not been denied, this Court, does not find that the learned court below has committed any illegality or irregularity in passing the impugned order impleading the purchaser as party as the validity of the sale in question was not a relevant issue to be determined at this stage.

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Accordingly, the application is dismissed.

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(V. Nath, J)

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Devendra/-

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Sanjay Sah v. Arbind Prasad and Ors.

Case brief

What is this about?

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Sanjay Sah v. Arbind Prasad and Ors.

Case brief

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