Dismissed¶22

Nageshwar Bhagat v. Jhari Imam Kha and Ors.

Patna HC3 Dec 2024C.Misc./1441/2017

Case brief

AI extract

What is this about?

Patna High Court, C.Misc. No. 1441 of 2017, oral order dated 03-12-2024 by Justice Arun Kumar Jha. Petitioner Nageshwar Bhagat challenged the Sub Judge 8, Motihari (East Champaran) order of 30.08.2016 consolidating the hearing of Title Suit No. 317 of 2014 and Title Suit No. 589 of 2014, in which the parties, suit property and issues are the same and both sides claim right, title and possession. High Court affirmed the consolidation order and dismissed the petition. Keywords: simultaneous hearing of title suits, same parties and property, consolidation of trials, affirmation of trial court order.

What did the court decide?

There is no infirmity in the impugned order because the parties are the same, the suit property is the same, and both sides claim their right, title and possession over the suit property. ¶21

Nageshwar Bhagat Vs Jhari Imam Kha and Ors. — Patna HC (2024) — LawSathi Research

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IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL MISCELLANEOUS JURISDICTION No.1441 of 2017

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Nageshwar Bhagat Son of Jagdish Bhagat, Resident of Village- Chorma Bankipur, P.O.- Chorma, District- East Champaran.

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... ... Petitioner/s

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Versus

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Jhari Imam Kha and Ors son of Haidar Imam Khan, Resident of VillageChorma, Do- Aana, P.O.- Chorma, P.S.- Pakrideyal, District- East Champaran.

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Jagdish Bhagat, son of Late Khenha Bhagat, Resident of Village- Chorma Bankipur, P.O.- Chorma, P.S.- Pakrideyal, District- East Champaran.

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Lakhindra Kumar Nirmal, Son of Jagdish Bhagat, Resident of VillageChorma Bankipur, P.O.- Chorma, P.S.- Pakrideyal, District- East Champaran.

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... ... Respondent/s

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Appearance : For the Petitioner/s : Mr.Sunil Kumar No.III, Advocate For the Respondent No. 1 : Mr. Ajay Kumar Singh, Advocate

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CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER

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2 03-12-2024 Heard learned counsel for the parties.

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The petitioner is aggrieved by the order dated 30.08.2016 passed by learned Sub Judge 8, Motihari at East Champaran in Title Suit No. 317 of 2014 whereby and whereunder the petition filed by the respondent 1^st set was allowed and Title Suit No. 317 of 2014 and Title Suit No. 589 of 2014 were ordered to be heard together.

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The learned trial court has observed that the suit property of both the title suit is the same and the parties are also same and even the issues for consideration are also same. Thus, the learned trial court held that in the interest of justice, both the

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Patna High Court C.Misc. No.1441 of 2017(2) dt.03-12-2024 2/2

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suits will be considered simultaneously.

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Heard learned counsel for the parties and perused

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the record.

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I do not find any infirmity in the impugned order since parties are same and the suit property is also same and both sides claim their right, title and possession over the suit property.

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Therefore, the impugned order is affirmed. Finding no merit in the instant petition, the same is dismissed.

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(Arun Kumar Jha, J)

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anuradha/-

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Nageshwar Bhagat v. Jhari Imam Kha and Ors.

Case brief

What is this about?

What did the court decide?

Nageshwar Bhagat v. Jhari Imam Kha and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

Issues for consideration

Procedural history

Parties & counsel

Coram

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