Entered an oral order clarifying that permission to sell granted to a deceased defendant does not automatically extend to his legal heirs. Directed the Sub-Judge in the related title suit to dispose of the matter within one year.
Applicants' application disposed with direction to Sub-Judge to decide title suit within one year.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL MISCELLANEOUS JURISDICTION No.1901 of 2018
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... ... Petitioner/s
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Appearance : For the Petitioner/s : Mr.Abhay Kumar Pandey For the Respondent/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER
that by the impugned order the permission to sell was granted to one Krishna Pratap Narayan Singh who is defendant No. 01(a) but before selling any property pursuant to the impugned order dated 16.11.2018. the defendant No. 01(a) has died issueless.
Patna High Court C.Misc. No.1901 of 2018(4) dt.11-09-2023 2/2
with a direction to the learned Sub-Judge who is hearing Title Suit No. 167 of 2008 to decide the same within one year from the date of receipt/communication of a copy of this order.
(Sandeep Kumar, J)
Vikas/-
U
1 issue framed by the court
Whether an order granting permission to sell remains effective after the death of the permitted defendant without issue.
Durgawati Singh @ Durga Singh
Kamla Singh
Krishna Pratap Narayan Singh
Rana Bharat Singh
Shankar Singh
Devesh Singh
Sandeep Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
