Dismissed¶26

Brahmdeo Prasad Tagore and Ors. v. Upendra Prasad Singh and Ors.

Patna HC5 Jan 2024C.R./44/2016

Case brief

AI extract

What is this about?

Civil Revision No. 44 of 2016, High Court of Judicature at Patna, decided 05-01-2024 by Nawneet Kumar Pandey, J. Adjournment refused; civil revision against order and decree dated 18.04.2015 in T.S. Case No. 35 of 2014 (decreed under Section 6, Specific Relief Act, 1963) dismissed; petitioners Brahmdeo Prasad Tagore and sons (Khagaria/Bhagalpur) permitted to file a regular suit; respondents Upendra Prasad Singh and sons; respondent counsel cited Sanjay Kumar Pandey v. Gulbahar Sheikh, 2004 Supreme Court SC 414 (Civil Appeal No. 2040/2004) on the availability of revision versus regular suit remedy under Section 6 Specific Relief Act.

What did the court decide?

Liberty to file a regular suit in the court of competent jurisdiction ¶26

Brahmdeo Prasad Tagore and Ors. Vs Upendra Prasad Singh… — Specific Performance | Patna HC (2024)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL REVISION No.44 of 2016

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

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Brahmdeo Prasad Tagore and Ors son of late Ramdhari Prasad Singh.

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Subodh Prasad Tagore.

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Awadesh Prasad Tagore.

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Birju Prasad Tagore.

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Ravi Prasad Tagore. Petitioner No. 2 to 5 are sons of Brahmdeo Prasad Tagore. All Resident of Village- Karna, P.O. and Police Station- Parbatta, District- Khagaria, At present residing at Moh. and P.S.- Ishak Chak, Bhagalpur.

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... ... Petitioner/s

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Versus

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Upendra Prasad Singh and Ors S/O Late Asharfi Prasad Singh.

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Deepak Kumar Pankaj @ Munna.

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Kumar Deepak Pankaj @ Bablu.

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Pankaj Kumar Deepak @ Dablu.

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Gogandeo. Respondent No. 2 to 5 are sons of Upendra Prasad Singh. All Resident of Village- Karna, P.O. and Police Station- Parbatta, DistrictKhagaria, Present Address- Mohalla- Ishakchak, Near Gaytri Mandir, P.S.Ishakchak, District- Bhagalpur.

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... ... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr.Rama Nand Poddar, Adv. Mr.Rahul Kumar Mishra, Adv. For the Respondent/s : Mr.DiwakarUpadhyaya, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY

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ORAL ORDER

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15 05-01-2024

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A prayer has been made for adjournment of the case

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on behalf of the petitioners. A number of adjournments have already been given to the petitioners. It is not possible to give further adjournment.

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This civil revision has been preferred against the order and decree dated 18.04.2015 whereby the suit of the

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Patna High Court C.R. No.44 of 2016(15) dt.05-01-2024 2/2

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petitioner (T.S. Case No. 35 of 2014) was decreed on contest under Section 6 of the Specific Relief Act, 1963. The learned court below, after appreciating the evidences adduced by the parties, have decreed the suit of the plaintiff.

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Learned counsel for the opposite party has submitted that the Hon’ble Supreme Court in case of Sanjay Kumar Pandey & Ors. Versus Gulbahar Sheikh & Ors. , reported in 2004, Supreme Court SC 414 (Civil Appeal No. 2040/2004) has held that remedy for the unsuccessful parties in a suit under Section 6 of the Specific Relief Act is to file regular suit. The remedy of filing a revision is only in exceptional cases.

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This revision petition is dismissed and the petitioner, if so advised, may file a regular suit in the court of competent jurisdiction.

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(Nawneet Kumar Pandey, J)

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kundan/Sonali

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Brahmdeo Prasad Tagore and Ors. v. Upendra Prasad Singh and Ors.

Case brief

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Brahmdeo Prasad Tagore and Ors. v. Upendra Prasad Singh and Ors.

Case brief

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