Petitioner sought quashing of an appellate court order rejecting framing of an additional issue on possession and dispossession in a pending title appeal. Counsel declined merits; court disposed of petition observing existing Issues IV and V already cover the proposed additional issue.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL MISCELLANEOUS JURISDICTION No.66 of 2021
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Bandana Devi @ Bandna Devi, Wife of Ashok Poddar, Resident of VillageDhusar Tikapatti, P.S.- Tikapatti, District- Purnea, Bihar.
... ... Petitioner/s
Versus
... ... Respondent/s
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Appearance : For the Petitioner/s : Mr. Kamal Nayan Chaubey, Sr. Advocate Mr.Prashant Kumar, Advocate Mr. Dineshwar Pandey, Advocate For the Respondent/s : Mr.Raghvendra Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL JUDGMENT
Date : 26-02-2024
Heard learned counsels for the respective parties on
the point of admission and I intend to dispose of the instant petition at the stage of admission itself.
Patna High Court C.Misc. No.66 of 2021 dt.26-02-2024 2/5
under Article 227 of the Constitution of India for the following reliefs :
(i) For issuance of an order or direction in the nature of certiorari quashing the order dated 12.02.2020 (henceforth the “Impugned Order”) passed by learned Additional District JudgeVIII, Purnea (hereinafter the “Ld. Court below”) in Title Appeal No.21/2017 whereby and whereunder the Ld. Court below was pleased to dismiss the application preferred by the Appellant-Petitioner for framing of additional issue.
(ii) For issuance of an order or direction to the Ld. Court below for framing of the issue i.e. “Whether the Plaintiff No. 1 after purchase of the land in suit through Sale Deed dated 01.07.2009, came in possession over the land in suit and while she was in possession, the Defendant No.1 dispossessed her from the suit land on 10.09.2010 mentioned Schedule B of the plaint?” for just decision of the Title Appeal No.21/2017.
(iii) For grant of such other order or direction for which the Petitioner is found entitled to in the facts and circumstances of the case”.
Patna High Court C.Misc. No.66 of 2021 dt.26-02-2024 3/5
the suit land is purchased land of the plaintiffs and possession of the defendants is wrong and illegal. The plaintiffs also prayed for recovery of possession in respect of suit land as mentioned in Schedule B (Lot I & II) of the plaint. Vide judgment dated 10.03.2017, the learned Sub Judge, Dhamdaha, Purnea in Title Suit No.133/2010 allowed the said suit and passed the decree accordingly. Being aggrieved, the defendant no.1/petitioner herein preferred Title Appeal No.21/2017 which is pending adjudication before the learned Additional District Judge-VIII, Purnea. On 19.11.2019, the appellant/petitioner preferred an application for framing of additional issue i.e. “Whether the Plaintiff No. 1 after purchase of the land in suit through Sale Deed dated 01.07.2009, came in possession over the land in suit and while she was in possession, the Defendant No.1 dispossessed her from the suit land on 10.09.2010 mentioned Schedule B of the plaint?. The said application was rejected vide the impugned order dated 12.02.2020.
Patna High Court C.Misc. No.66 of 2021 dt.26-02-2024 4/5
issue as part of the Issue No. IV & V as observed by the said court in its order dated 12.02.2020.
“IV. Whether the plaintiffs are the purchaser of the suit land and have got right, title and interest over the suit land?
V. Whether the defendant first party members dispossessed the plaintiffs from the suit land on 16-09-2009?”
Patna High Court C.Misc. No.66 of 2021 dt.26-02-2024 5/5
as one of the issues, natural corollary is that the party claiming dispossession must be in possession earlier and it goes without saying that when considering the Issue Nos. IV & V regarding dispossession and title, right and interest, the same would be considered by the learned first appellate court in seisin the matter which has already held that additional issue is covered by Issue Nos. IV & V.
(Arun Kumar Jha, J)
V.K.Pandey/-
| AFR/NAFR | NAFR |
|---|---|
| CAV DATE | NA |
| Uploading Date | 27.02.2024 |
| Transmission Date | NA |
1 issue framed by the court
Whether the existing Issues IV and V in Title Appeal No. 21/2017 already cover the additional issue sought to be framed by the petitioner?
1 provisions across 1 enactments
Bandana Devi @ Bandna Devi
Tara Devi
Kamleshwari Pd. Gupta
Kamal Kishore Thakur
Sulo Devi
Sima Devi
Arun Kumar Jha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
