Disposed¶26

Smt. Savitri Devi v. Lalmuni Devi and Ors.

Patna HC18 Feb 2025C.Misc./1236/2018

Case brief

AI extract

What is this about?

Savitri Devi v. Lalmuni Devi & others, Patna High Court C.Misc. No.1236 of 2018, decided 18-02-2025 by Arun Kumar Jha, J. Keywords: Order XXI Rule 29 CPC; Section 151 CPC; stay of execution proceedings; Execution Case No. 01 of 1998; Title Suit No. 48 of 2017 dismissed 17.08.2022 by Sub Judge-VI, Patna City; restoration miscellaneous case pending; petition infructuous; no stay against execution; impugned order dated 02.07.2018 by Sub Judge-cum-A.C.J.M. IV, Patna City; disposed with liberty to pursue appropriate proceedings.

What did the court decide?

Petition disposed of as infructuous; petitioner granted liberty to pursue appropriate proceedings permissible under law for redressal of grievances; clarified that no stay operates against the proceedings of Execution Case No. 01 of 1998. ¶26

Smt. Savitri Devi Vs Lalmuni Devi and Ors. — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the civil miscellaneous petition challenging the rejection of the stay petition survives for consideration in view of the dismissal of Title Suit No. 48 of 2017 and the absence of a suit pending between the same parties as required under Order XXI Rule 29 of the Code. +1 more

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Court's answer

As nothing remains to sustain the claim of the petitioner, the present petition has become infructuous and is disposed of as such.

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Ratio / Principle

The petitioner is at liberty to have recourse of appropriate proceeding permissible under the law for redressal of his grievances.

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Key takeaways

There remains no stay against the proceeding of Execution Case No. 01 of 1998.ratio¶28

Detailed headnote1 paragraphs

Patna High Court (Arun Kumar Jha, J), C.Misc. No.1236 of 2018, decided 18-02-2025: Civil miscellaneous petition directed against the order dated 02.07.2018 passed by the learned Sub Judge-cum-A.C.J.M. IV, Patna City in Execution Case No. 01 of 1998, rejecting the petitioner's application dated 20.01.2018 under Order XXI Rule 29 read with Section 151 of the Code of Civil Procedure seeking stay of execution on the ground of pendency of Title Suit No. 48 of 2017. Counsel for respondent no. 8 pointed out that the title suit was dismissed on 17.08.2022 by the learned Sub Judge-VI, Patna City and was not between the same parties as required under Order XXI Rule 29; counsel for the petitioner stated that a restoration miscellaneous case was pending. Holding that no substratum remained to sustain the petitioner's claim, the Court disposed of the petition as infructuous, granted the petitioner liberty to pursue appropriate proceedings, and clarified that no stay operates against Execution Case No. 01 of 1998.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL MISCELLANEOUS JURISDICTION No.1236 of 2018

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

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Smt. Savitri Devi W/o Sri Ramchandra Prasad, Resident of Mohalla- Math Laxmanpur, Dr. Narainpur Babu Lane, P.O.- Gulzarbagh, P.S.- Alamganj, District- Patna.

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... ... Petitioner/s

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Versus

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Lalmuni Devi W/o Late Sheopujan Chaubey,

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Santosh Kumar Chaubey,

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Satyendra Kumar Chaubey,

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Krishna Chaubey, All S/o Late Sheopujan Chaubey

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Manpujan Chaubey,

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Ramjee Chaubey,

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Dhanpujan Chaubey, All S/o Late Baidyanath Choubey

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Malti Devi, D/o Late Baidyanath Chaubey, W/o Tarkeshwar Dwivedi, All residents of Mohalla- Bhagirathi Lane, P.S.- Sultanganj, District- Patna.

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Manorma Devi, W/o Late Shiv Kumar Mishra, Resident of Village- Itawa, P.S.- Hasanpur, District- Aurangabad, at present residing at Mohalla Golakpur, P.O. Bankipor, P.S. Pirbahore, District- Patna.

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Sita Ram Mahto, S/o Narayan Mahto,

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Chandradeep Mahto, S/o Nathuni Mahto, Both Residents of Mohalla Math Laxmanpur, P.O.- Gulzarbagh, P.S.- Alamganj, District- Patna.

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... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr.Bal Bhushan Choudhary, Adv. For the Respondent No.8 : Mr.Ranjan Kumar Dubey, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER

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4 18-02-2025

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Heard learned counsel for the for the petitioner and

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learned counsel for respondent no. 8.

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Learned counsel for the respondent no. 8 submits that the petitioner has filed the present petition against the order dated 02.07.2018 passed by learned Sub Judge-cum-A.C.J.M. IV, Patna City in Execution Case No. 01 of 1998 whereby and whereunder the petition dated 20.01.2018 filed by the petitioner and one Manju Devi under Order XXI Rule 29 read with section 151 of the Code of Civil Procedure (in short “the Code”) has been rejected.

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Learned counsel for the respondent no. 8 further

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Patna High Court C.Misc. No.1236 of 2018(4) dt.18-02-2025 2/2

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submits that the petition dated 20.01.2018 was filed on the ground that a Title Suit bearing No. 48 of 2017 has been pending in the Court of learned Sub Judge and on that ground the stay was sought but the said Title Suit No. 48 of 2017 has been dismissed vide order dated 17.08.2022 by the learned Sub Judge-VI, Patna City. Moreover, the said title suit was not pending before the same parties as is required under Order XXI Rule 29 of the Code. Therefore, nothing remains in the matter.

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Learned counsel for the petitioner submits that a miscellaneous case has been filed for restoration of the Title Suit No. 48 of 2017 which is pending for disposal.

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In any case as there remains no substratum to sustain the claim of the petitioner and the present petition has become infructuous and is disposed of as such.

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Petitioner is at liberty to have recourse of appropriate proceeding permissible under the law for redressal of his grievances.

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It is made clear that there remains no stay against the proceeding of Execution Case No. 01 of 1998.

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(Arun Kumar Jha, J)

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Anuradha/-

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Smt. Savitri Devi v. Lalmuni Devi and Ors.

Case brief

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Smt. Savitri Devi v. Lalmuni Devi and Ors.

Case brief

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What the court decided

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