Allowed

Roop Sunder Devi v. Bidya Bhagat and Ors.

Patna HC10 Oct 2023C.Misc./113/2019

Case brief

AI extract

What is this about?

Petitioner sought to set aside the Munsif's order rejecting an application to exhibit a 1935 sada deed of relinquishment. Finding the Munsif gave no reasons for dismissal, the High Court allowed the application, quashed the lower order, and remitted the matter for fresh hearing within fifteen days. No respondent appeared.

What did the court decide?

Impugned order dated 14.12.2016 quashed; matter remitted to learned Munsif-II to hear both parties and decide within fifteen days.

Roop Sunder Devi Vs Bidya Bhagat and Ors. — Property and Title | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL MISCELLANEOUS JURISDICTION No.113 of 2019

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Roop Sunder Devi W/o Late Dwarika Nath Tiwary Vill.-Pipra, P.o.Mustafabad, P.s.-Goriya Kothi, Distt.-Siwan

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... ... Petitioner/s

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Versus

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Bidya Bhagat and Ors S/o Late Sinasan Bhagat Vill.- Pipra, P.o.-Mustafabad, P.s.-Goriya Kothi, Distt.-Siwan

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Jitednra Nath Tiwary S/o Late Tarkeshwar Nath Tiwary Vill.- Pipra, P.o.Mustafabad, P.s.-Goriya Kothi, Distt.-Siwan

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Devendra Nath Tiwary S/o Late Baleshwar Tiwary Vill.- Pipra, P.o.Mustafabad, P.s.-Goriya Kothi, Distt.-Siwan

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Pradeep Kumar Tiwary S/o Late Dwarikas Nath Tiwary Vill.- Pipra, P.o.Mustafabad, P.s.-Goriya Kothi, Distt.-Siwan

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Binod Kumar Tiwary S/o Late Dwarikas Nath Tiwary Vill.- Pipra, P.o.Mustafabad, P.s.-Goriya Kothi, Distt.-Siwan

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Sailesh Kumar Tiwary S/o Late Dwarikas Nath Tiwary Vill.- Pipra, P.o.Mustafabad, P.s.-Goriya Kothi, Distt.-Siwan

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Nitesh Kumar Tiwary S/o Late Dwarikas Nath Tiwary Vill.- Pipra, P.o.Mustafabad, P.s.-Goriya Kothi, Distt.-Siwan

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Prakash Kumar Tiwary S/o Late Dwarikas Nath Tiwary Vill.- Pipra, P.o.Mustafabad, P.s.-Goriya Kothi, Distt.-Siwan

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Prativa Devi D/o Late Dwarika Nath Tiwary Vill.- Pipra, P.o.-Mustafabad, P.s.-Goriya Kothi, Distt.-Siwan

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Pramila Devi D/o Late Dwarika Nath Tiwary Vill.- Pipra, P.o.-Mustafabad, P.s.-Goriya Kothi, Distt.-Siwan ... ... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr.Ajay Kumar Pandey, Advocate For the Respondent/s : Mr.Ajay Kumar Tiwary, Advocate ======================================================

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CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER

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4 10-10-2023 Heard the parties.

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2. This application has been filed for setting aside the

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order dated 14.12.2016 passed by learned Munsif-II, Siwan in Title Suit No. 107 of 2002 by which learned Munsif has rejected

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the application of the defendant/petitioner for exhibiting a sada

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Patna High Court C.Misc. No.113 of 2019(4) dt.10-10-2023 2/2

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deed of relinquishment, which is of the year 1935.

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3. None has appeared on behalf of respondents. Earlier also none had appeared for the respondents despite filing of vakalatnama.

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4. I have considered the submissions of learned counsel for the petitioner and also perused the materials available on record.

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5. I have gone through the impugned order dated 14.12.2016 passed by learned Munsif-II, Siwan, no reason has been assigned by the court below for dismissing the application of the petitioner and hence, this application is allowed. The impugned order dated 14.12.2016 passed by learned Munsif-II, Siwan in Title Suit No. 107 of 2002 is hereby quashed.

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6. The matter is remitted back to the court below. The concerned Munsif will hear both the parties and decide the same within fifteen days of receipt/communication of the copy of this order.

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7. With the aforesaid observation and direction, this application is disposed of.

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(Sandeep Kumar, J)

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Harsh/ U

Roop Sunder Devi v. Bidya Bhagat and Ors.

Case brief

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Roop Sunder Devi v. Bidya Bhagat and Ors.

Case brief

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