Allowed¶44

Sangeeta Kumari v. Sri Braj Kishore Sahani

Patna HC1 Feb 2024C.Misc./63/2023

Case brief

AI extract

What is this about?

Patna High Court C.Misc. No.63 of 2023 (decided 01-02-2024, Arun Kumar Jha, J): interim stay dated 16.11.2022 by 19th Additional District Judge, Muzaffarpur in C.M.A. No.03/2022 over status quo order dated 23.05.2022 of Sub-Judge-XVI in Partition Suit No.479/2020 set aside as highly irregular; appellate court told to decide appeal within three months; Order 39 Rules 1 & 2 and Section 151 CPC; no opinion on merits; petition allowed.

What did the court decide?

Impugned interlocutory order dated 16.11.2022 set aside; first appellate court directed to dispose of Civil Misc. Appeal No.03 of 2022 within three months; no opinion expressed on merits. ¶44

Sangeeta Kumari Vs Sri Braj Kishore Sahani — Patna HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Impugned interlocutory order dated 16.11.2022 set aside; first appellate court directed to dispose of Civil Misc. Appeal No.03 of 2022 within three months; no opinion expressed on merits.

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Issue for consideration

Whether the interlocutory order dated 16.11.2022 passed in Civil Misc. Appeal No.03 of 2022 by the 19th Additional District Judge, Muzaffarpur, staying the trial court's status quo order dated 23.05.2022 in Partition Suit No.479/2020, was sustainable. +1 more

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Court's answer

It was highly irregular for the first appellate court to stay the impugned order without recording findings on the reasons adopted by the learned trial court.

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Ratio / Principle

The impugned order dated 16.11.2022 passed in Civil Misc. No.03 of 2022 is not sustainable and is set aside.

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Key takeaways

The first appellate court is directed to dispose of the pending miscellaneous appeal within three months from receipt/production of a copy of this order.ratio¶42
This Court has not expressed any opinion on the merits of the case; the discussion is only for disposal of the present petition.obiter¶46

Detailed headnote1 paragraphs

Civil Miscellaneous Jurisdiction No.63 of 2023, High Court of Judicature at Patna (Oral Judgment, 01-02-2024, Arun Kumar Jha, J) - Petition seeking to set aside the interlocutory order dated 16.11.2022 passed in Civil Misc. Appeal No.03 of 2022 by the 19th Additional District Judge, Muzaffarpur, which had stayed the status quo order dated 23.05.2022 passed by the Sub-Judge-XVI, Muzaffarpur (East) in Partition Suit No.479/2020 (injunction application under Order 39 Rules 1 & 2 read with Section 151 CPC). Holding it 'highly irregular' for the first appellate court to grant interim stay without recording findings on the trial court's reasons and without hearing all parties, the Court held the order not sustainable and set it aside, directing disposal of the still-pending appeal within three months; express caveat that no opinion was formed on the merits; petition allowed. NAFR.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL MISCELLANEOUS JURISDICTION No.63 of 2023

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Sangeeta Kumari, W/o Kishori Sahani, D/o Late Narendra Kumar Sahni Resident of Mohalla- Sikandarpur Kundal, P.O-H.P.O., P.S.- Town, DistrictMuzaffarpur at present Resident of Mohalla- Sikandarpur, Near Pawandhari Smiriti, P.O.- H.P.O., P.S.- Town, District- Muzaffarpur-842001.

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... ... Petitioner/s

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Versus

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Sri Braj Kishore Sahani, S/o Late Ramphal Sahani, Resident of MohallaSikandarpur Kundal, P.O.- H.P.O., P.S.- Town, District- Muzaffarpur at present resident of Mohalla- Rukunpura, Adarsh Bihar Colony, Mushar Tola, P.S.- Rupaspur, District- Patna- 800014.

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Sri Ashutosh Kumar S/o Late Narendra Kumar Sahni Resident of MohallaSikandarpur Kundal, P.O.- H.P.O., P.S.- Town, District- Muzaffarpur.

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Shikha Kumari W/o Avinash Kumar, D/o Late Narendra Kumar Sahani, Resident of Village- P.O.- Nehara, P.S.- Manigachi, District- Darbhanga847233.

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Kamala Devi W/o Late Permanand Sahani Resident of MohallaSikandarpur Kundal, P.O.- H.P.O., P.S.- Town, District- Muzaffarpur.

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Sri Sanjay Kumar Son of Late Pernamand Sahani Resident of MohallaSikandarpur Kundal, P.O.- H.P.O., P.S.- Town, District- Muzaffarpur.

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Sri Rajeev Kumar Son of Late Permanad Sahani Resident of MohallaSikandarpur Kundal, P.O.- H.P.O., P.S.- Town, District- Muzaffarpur.

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Smt. Sangeeta Kumari W/o Dr. Gopal Shankar Sahni, Resident of MohallaSikandarpur, Pawandhari Singh, Near Mahila Inter College, Radha Devi, P.O.- H.P.O., P.S.- Town, District- Muzaffarpur- 842001.

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Most. Paspati Devi W/o Late Parmeshwer Sahani, Resident of MohallaSikandarpur Kundal, P.O.- H.P.O., P.S.- Town, District- Muzaffarpur.

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Smt. Chandra Kanta Kumari W/o Ashok Chaudhary, D/o- Late Parmeshwer Sahani, R/o- Village- Goraiharpur (Amar Singh Asthan), P.O. and P.S.Kalyanpur, District- Samastipur- 848160.

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Smt. Sarita Devi W/o Vijay Kumar, D/o- Late Parmeshwar Sahani R/oMohalla- Sikandarpur Kundal, P.O.- H.P.O., P.S.- Town, DistrictMuzaffarpur.

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Smt. Namita Devi W/o Sanjay Sahani, D/o Late Parmeshwar Sahani R/oMohalla- Ram Dayalu Nagar, R.D.S. College opposite Muktinath Mandir, P.O.- Ramna, P.S.- Kazi Mohammadpur, District- Muzaffarpur- 842002.

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Smt. Rinki Kumari W/o Rajesh Kumar R/o- Mohalla- Sikandarpur Kundal, P.O.- H.P.O., P.S.- Town, District- Muzaffarpur.

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Smt. Ranjita Kumara W/o Nagendra Sahani, D/o- Late Parmeshwar Sahani R/o- Ram Dayalu Nagar, R.D.S. College Opposite Muktinath Mandir, P.O.Ramna, P.S.- Kazi Mohammadpur, District- Muzaffarpur- 842002.

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Sri Kartik Siddhi minor son of Late Kumar Manibhusan Nishad under the Guardian ship of his sister the defendant namely Miss Amisha Kashyap.

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Patna High Court C.Misc. No.63 of 2023 dt.01-02-2024 2/5

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Miss Amisha Kashyap D/o- Late Kumar Mani Bhushan Nishad R/oMohalla- Sikandarpur Kundal, P.O- H.P.O., P.S.- Town, DistrictMuzaffarpur.

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Most Pinki Devi W/o- Late Kumar Mani Bhushan Nishad R/o- MohallaSikandarpur Kundal, P.O.- H.P.O., P.S.- Town, District- Muzaffarpur.

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Miss Aayushi Kasyap minor daughter of Late Mani Bhushan Nishad Under the guardianship of her mother Most. Pinki Devi, R/o- Mohalla- Sikandarpur Kundal, P.O.- H.P.O., P.S.- Town, District- Muzaffarpur.

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Miss Aashi Kashyap minor daughter of Late Mani Bhushan Nishad Under the guardianship of her mother Most. Pinki Devi, R/o- Mohalla- Sikandarpur Kundal, P.O.- H.P.O., P.S.- Town, District- Muzaffarpur.

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Smt. Shila Devi W/o Naga Sahani, R/o- Village- Sahjadpur under Kila Konharaghat Road, Near Nakhash Chowk, P.S.- Hajipur, District- Vaishali, PIN- 844103.

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Smt. Bimla Devi W/o Sri Gurudayal Chaudhary, R/o Village- maniyarpur, P.S.- Muktapur, Distt- Samastipur- 848133.

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Smt. Veena Devi W/o- Kedarnath Rai R/o- Mohalla- Sikandarpur, KundalP.O.- H.P.O., P.S.- Town, District- Muzaffarpur- 842001.

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... ... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr. Waliur Rahman, Advocate Mr.Ranjeet Kumar Singh, Advocate For the Respondent/s : Mr.Krishna Kant Singh, Advocate ======================================================

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CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL JUDGMENT Date : 01-02-2024

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Today the matter has been listed under the heading “For Orders (On Office Notes)” and with consent of the parties, the matter is taken up for disposal.

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Heard learned counsel for the petitioner and the learned counsel for the respondents.

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The instant petition has been filed for setting aside the interlocutory order dated 16.11.2022 passed in Civil Misc. Appeal No.03 of 2022 by learned 19^th Additional District Judge,

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Patna High Court C.Misc. No.63 of 2023 dt.01-02-2024 3/5

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Muzaffarpur staying the order dated 23.05.2022 passed by the learned Sub-Judge-XVI, Muzaffarpur (East) in Partition Suit No.479/2020 allowing the status quo on the suit property till final disposal of the suit.

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The learned counsel for the petitioner submits that the petitioner is plaintiff in Partition Suit No.479 of 2020 filed before the learned Sub-Judge-1, Muzaffarpur (East) for decree for partition of Schedule I, II and III property in favour of plaintiff to the extent of 1/12th share and 1/3 share, respectively with other reliefs. The injunction petition was filed by the plaintiff under Order 39 Rules 1 & 2 read with Section 151 of the Code of Civil Procedure and the learned Sub-Judge-XVI, Muzaffarpur (East) passed the order dated 23.05.2022 for status quo on the said injunction petition, which was challenged before the learned District Judge, Muzaffarpur by filing Civil Misc. Appeal No.03/2022 by the respondent no.1/defendant no.1. But during pendency of the said Misc. Appeal No.03/2022, the learned Additional District Judge-19, Muzaffarpur vide impugned order dated 16.11.2022 virtually allowed the prayer of the appellants/respondents 1^st set herein staying the operation of the impugned order dated 23.05.2022 without hearing the petitioner. The learned counsel further submits that aforesaid

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Patna High Court C.Misc. No.63 of 2023 dt.01-02-2024 4/5

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miscellaneous appeal is still pending and the learned appellate court may be directed to dispose of the appeal pending before it within stipulated period.

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The learned counsel appearing on behalf of the respondents 1^st set admits that the miscellaneous appeal is still pending and final orders are yet to be passed.

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Having regard to the facts and circumstances and submissions made on behalf of the parties, I think it appropriate to direct the learned appellate court to take up the matter before it for final disposal.

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It was highly irregular on the part of the learned first appellate court to stay the impugned order without recording its findings on the reasons adopted by the learned trial court and without hearing all the parties and granting the relief as prayed for in an interim order.

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Hence, the impugned order dated 16.11.2022 passed by the learned 19^th Additional District Judge, Muzaffarpur in Civil Misc. No.03 of 2022 is not sustainable and the same is set aside. The learned first appellate court is directed to dispose of the aforesaid miscellaneous appeal within a period of three months from the date of receipt/production of a copy of this order.

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Patna High Court C.Misc. No.63 of 2023 dt.01-02-2024 5/5

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