Partly allowed

Shashank Singh v. Madhumai Singh

Patna HC8 Sept 2023C.Misc./210/2023

Case brief

AI extract

What is this about?

Civil miscellaneous petition in a partition suit seeking order to sell 17 decimal of land. Petitioners, upon joint consent with one respondent, permitted sale against shares subject to sale deed conditions and suit disposal timeline.

What did the court decide?

Petitioners permitted to sell 17 decimal land against shares; sale deed must mention court orders; Sub-Judge to decide suit within one year; suit to proceed ex parte against non-cooperators.

Shashank Singh Vs Madhumai Singh — Partition | Patna HC (2023)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL MISCELLANEOUS JURISDICTION No.210 of 2023

¶2

======================================================

¶3

Shashank Singh Son of Rana Bharat Singh Resident of Village-Bhaluhipur Kothi, P.S. Arrah Town, Distrtict-Bhojpur, Bihar (8023001).

¶4

Rana Bharat Singh @ Bharat Kumar Singh Son of Ram Ayodhya Singh Resident of Village-Bhaluhipur Kothi, P.S. Arrah Town, Distrtict-Bhojpur, Bihar (8023001).

¶5

... ... Petitioners

¶6

Versus

¶7

Madhumai Singh Wife of Late Krishna Pratap Narain Singh Resident of Village-Bhaluhipur P.S.- Arrah Town, Distrtict-Bhojpur at Bihar Arrah.

¶8

Richa Singh @ Akansha Narain Singh Minor daughter of Late Krishna Pratap Narain Singh Resident of Village-Bhaluhipur P.S.- Arrah Town, Distrtict-Bhojpur at Bihar Arrah.

¶9

Pradip Kumar Singh Son of Late Ram Ayodhya Singh Resident of MohallaBhaluhipur P.S.- Arrah Town, Distrtict-Bhojpur.

¶10

Dilip Kumar Singh Son of Late Ram Ayodhya Singh Resident of MohallaBhaluhipur P.S.- Arrah Town, Distrtict-Bhojpur.

¶11

Pratik Kuamr Singh @ Yash Singh Son of Pradip Kumar Singh Resident of Mohalla-Bhaluhipur P.S.- Arrah Town, Distrtict-Bhojpur.

¶12

Arvind Kumar Singh Son of Late Ram Sewak Singh Resident of MohallaBhaluhipur P.S.- Arrah Town, Distrtict-Bhojpur.

¶13

Sidharth Singh Son of Krishna Kumar Singh Resident of MohallaBhaluhipur P.S.- Arrah Town, Distrtict-Bhojpur.

¶14

Durga Singh Wife of Dr. Gulab Singh Resident of Mohalla-K.G. Road, Near Chamkili Kothi, P.S. Nawada Arrah, District-Bhojpur.

¶15

Kamla Singh Widow of Late Kuwar Bhartendu Singh Resident of VillageUhasha, P.S. Burhar, District-Shahdah, Madhya Pradesh

¶16

Krishna Singh Widow of late Brijendra Pratap Singh Sector 18, Rohini, Delhi at Present address Flat no. 506 SFC Flat, Block-C, Sector-19, Delhi.

¶17

Anupma Singh Wife of Dr. Pradip Kumar House No. 53, Lane No. 3, Keshaw Bihar Colony, G.M.S. Road, Dehradun, Uttarakhand.

¶18

Archana Singh Wife of Priya Ranjan Kumar Singh Resident of VillageManer, Behind Petrol Pump, near Durga Mandir, Purwari Patti, P.S. Maner, District-Patna.

¶19

Neha Singh Daughter of Krishna Kumar Singh Bhaluhipur, P.S. Arrah Town, District-Bhojpur.

¶20

Jay Singh Daughter of krishna Kumar Singh Village-Bhaluhipur, P.S. Arrah Town, District-Bhojpur.

¶21

Smt. Sunita Tiwari Wife of Keshaw Tiwari, Village-Sunderpur, Barja, P.S. Behia, District-Bhojpur.

¶22

Gayatri Mishra Wife of Sushil Kumar Mishra Resident of Mohalla-Shital

¶23

Patna High Court C.Misc. No.210 of 2023(4) dt.08-09-2023 2/3

¶24

Tola, Devi Gali, P.S. Arrah Town, District-Bhojpur.

¶25

Urmila Devi Wife of Ramanuj Pandey, Village-Sabalpur, P.S. Barohara, District-Bhojpur.

¶26

Gauri Shankar Pandey Son of Awadhesh Kumar Pandey Resident of VillageBabura, P.S. Barahara, District-Bhojpur.

¶27

Vijay Kumar Pandey Son of Awadhesh Kumar Pandey Resident of VillageBabura, P.S. Barahara, District-Bhojpur.

¶28

Krishna Kumar Pandey Son of Awadhesh Kumar Pandey Resident of Village-Babura, P.S. Barahara, District-Bhojpur.

¶29

Most. Chandrashila Devi Wife of Shashi Kant Pandey Resident of VillageKhargaon, P.S.Chandi, District-Bhojpur.

¶30

Mira Devi Wife of Dipak Kumar Singh Resident of Village - Deoriya, P.O. Sripalpur, P.S. Koilawar, District-Bhojpur.

¶31

... ... Respondents

¶32

====================================================== Appearance : For the Petitioner/s : Mr. Rajendra Narain, Sr. Advocate Mr. Arya Narain, Advocate Mr. Harendra Prasad Singh, Advocate Mr. Adarsh Raj Singh, Advocate Mr. Saurabh Kumar, Advocate Ms. Pooja Kumari, Advocate For the Respondents : Mr. Anjani Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER

¶33

4 08-09-2023 Learned counsel for the petitioners and learned counsel for the respondent no.4 jointly agree that the expenses of the petitioner no.1 for pursuing his course in Bristol University (U.K.), will be met if the petitioners are allowed to sell 17 decimal of land from C.S. Khata No.23, C.S. Plot No. 212, Thana No. 247, Mauza-Singhi Balihar, District- Bhojpur.

¶34

2 . In view of the above submission of the parties, the petitioners are permitted to sell the aforesaid 17 decimal of land to a buyer. In the sale deed, it shall be

¶35

Patna High Court C.Misc. No.210 of 2023(4) dt.08-09-2023 3/3

¶36

mentioned that the land is being sold pursuant to the orders of this Court. The details of the suit shall also be mentioned in the sale deed.

¶37

3 . The aforesaid sale by the petitioners shall be adjusted against their shares at the time of preparation of the final decree.

¶38

4. Since the suit is of the year 2008, the Sub Judge concerned is directed to decide the suit within one year from the date of receipt/production of a copy of this order.

¶39

5. The parties will cooperate in the disposal of the suit. The suit will proceed ex parte against non-cooperating party.

¶40

6 . The petitioner is directed to file his degree in

¶41

the Court below.

¶42

7. With the aforesaid observations and directions, this application is disposed of.

¶43

(Sandeep Kumar, J)

¶44

pawan/-

¶45

Shashank Singh v. Madhumai Singh

Case brief

What is this about?

What did the court decide?

Shashank Singh v. Madhumai Singh

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Vivek Kumar Shukla @ Vivek Kumar Vs The State of Bihar

Md. Shamsher @ Dubba Vs the State of Bihar

Amit Kumar @ Amit Kumar Ram Vs The State of Bihar

Ashok Kumar Shaw @ Ashok Kumar Sahu Vs Md. Ashfak @ Ashfaque Alam and Ors.

Dharmendra Kumar Singh Vs Niranjan Roy

Kundan Kumar Vs The State of Bihar