Bishwa Mohan Mishra v. Kiran Ojha and Ors.
Case brief
What is this about?
This miscellaneous appeal challenged an order granting injunction in a partition suit. The High Court modified the injunction, allowing defendants to alienate or construct with prior court permission out of necessity and directed early disposal of the partition suit.
What did the court decide?
Injunction modified to allow alienation or construction by defendants with court permission in case of necessity. Trial court directed to decide partition suit at earliest.
What the court decided
A compact analysis
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 Miscellaneous Appeal No.443 of 2014
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Bishwa Mohan Mishra Son of Late Bhagwan Chandra Mishra, at present residing at Mohalla Adarsh Colony Damuchak Majhaulia Road, PS and District Muzaffarpur.
... ... Defendant/ Appellant/s
Versus
- Kiran Ojha wife of Suresh Chandra Mishra, d/o Late Bhagwan chandra Mishra, r/o Bhawdeopur Main Road PO and PS and District Sitamarhi.
... ... Plaintiff/ Respondent/s 1st Party.
2.Vina Mishra wife of late Chandra Mohan Mishra.
3.Rajiv Ranjan.
- 4.Sanjiv Ranjan
5.Prabhat Ranjan.
All are sons of Late Chandra Mohan Mishra.
Issues for consideration
2 issues framed by the court
Whether the trial order granting injunction in a partition suit requires modification given the original decree holders have been dealing with property for long?
What directions should the trial court issue regarding alienation or construction on suit land while the partition suit is pending?
Parties & counsel
- appellant
Bishwa Mohan Mishra
- respondent
Kiran Ojha
- respondent
Vina Mishra
- respondent
Rajiv Ranjan
- respondent
Sanjiv Ranjan
- respondent
Case details
As recorded by the court registry
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