The High Court dismissed a civil miscellaneous petition challenging an order granting a defendant permission to sell his share of land in a partition suit for his daughter's marriage, noting the order included safeguards.
Petitioner's civil miscellaneous petition was dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL MISCELLANEOUS JURISDICTION No.1212 of 2017
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.... .... Appellant/s
Versus
Patna High Court C.Misc. No.1212 of 2017 (2) dt.05-10-2018
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.... .... Respondent/s
====================================================== Appearance :
For the Appellant/s : Mr. Samir Kumar For the Respondent/s : Mr.
====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER
2 05-10-2018 Heard the learned counsel for the petitioner.
The petitioner has filed this Civil Misc. petition against the order dated 12.04.2017 passed in Partition Suit No. 408 of 2013 by which the learned Sub Judge granted permission to defendant No. 17 to execute sale deed with regard to land of his own share in order to meet the expenses of marriage of his daughter.
The learned counsel for the petitioner submits that the order granting permission to defendant No.17 is illegal as defendant No.17 has already sold entire land likely to fall in his
Patna High Court C.Misc. No.1212 of 2017 (2) dt.05-10-2018
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share.
From perusal of the order granting permission to defendant No.17 it is crystal clear that the order itself speaks that if the defendant No.17 had sold the entire land likely to fall in his share, the sale deed executed by defendant No.17 in favour of any person beyond his share shall not be binding on other parties and the same shall be at the risk of the purchaser and defendant No. 17.
In view of safeguard given by the learned Sub Judge, I do not find any reason to interfere in the order. Accordingly, this Civil Misc. petition is dismissed.
(Prabhat Kumar Jha, J)
BKS/-
U
1 issue framed by the court
Whether the civil court should interfere when a lower court granted permission to a defendant to sell shares of land in a partition suit for marriage expenses.
Mahesh Prasad Gupta
Ram Narayan Gupta
Prabhatar Kumar Jha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
