Disposed¶25

Baby Devi @ Smt. Baby Devi v. Santosh Prasad

Patna HC16 Jan 2025C.Misc./197/2021

Case brief

AI extract

What is this about?

Patna High Court; C.Misc. No.197 of 2021; decided 16-01-2025; Arun Kumar Jha, J; Partition Suit No. 468 of 2014; Incharge Sub Judge-6th, Saran, Chapra; order dated 05.01.2021; permission to sell; petition dated 20.01.2020; Khata No. 664; Khesra No. 1027; Khesra No. 1028; sale deed dated 24.03.2021; matter infructuous; time-bound disposal of more-than-ten-years-old suit; petition stands disposed of; recourse under law preserved.

What did the court decide?

Petition disposed of consensually with a direction to the trial court to conclude Partition Suit No. 468 of 2014 at the earliest and preferably within one year from receipt/production of a copy of the order; interlocutory application(s), if any, stand disposed of; petitioners' recourse under law expressly preserved. ¶25

Baby Devi @ Smt. Baby Devi Vs Santosh Prasad — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the miscellaneous petition remained live, given respondents' counsel's contention that the property covered by the challenged order had been alienated by sale deed dated 24.03.2021, making the matter infructuous. +1 more

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Court's answer

In light of the parties' submissions, the instant petition stands disposed of with the aforesaid direction to the trial court.

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Ratio / Principle

The learned trial court is directed to proceed with the matter and dispose of Partition Suit No. 468 of 2014 at the earliest, and preferably within a year from the date of receipt/production of a copy of this order.

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Key takeaways

The petitioners always have recourse under law to agitate any grievance before the appropriate authority in an appropriate proceeding.obiter¶26

Detailed headnote1 paragraphs

Patna High Court, C.Misc. No.197 of 2021, decided 16-01-2025 (Arun Kumar Jha, J). Petition challenging the order dated 05.01.2021 of the Incharge Sub Judge-6th, Saran (Chapra) in Partition Suit No. 468 of 2014 — which had allowed the plaintiff's petition dated 20.01.2020 granting permission to sell 02 Katha from Khata No. 664, Khesra No. 1027 (Area 7 Katha 05 Dhurs) and 18 Dhurs from Khesra No. 1028 — was disposed of without further adjudication after respondents' counsel reported that the subject property had been alienated by sale deed dated 24.03.2021. On the petitioner's prayer, with respondent 1's counsel raising no objection, the trial court was directed to proceed with and conclude the partition suit — pending for over ten years — preferably within one year of receipt/production of a copy of the order; interlocutory application(s), if any, stood disposed of; and the petitioners' liberty to agitate grievances before the appropriate authority in an appropriate proceeding was expressly preserved.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL MISCELLANEOUS JURISDICTION No.197 of 2021

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

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Baby Devi @ Smt. Baby Devi Wife of Late Pramod Kumar Prasad Permanent resident of village- Banpura, P.s.- Janta Bazar, District- Saran (Chapra), at present resident of 24C , Rani Ram Muni Road, Police StationNew Market Kolkata-700087 (West Bengal)

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Anand Kumar Prasad Son of Late Pramod Kumar Prasad Permanent resident of village- Banpura, P.s.- Janta Bazar, District- Saran (Chapra), at present resident of 24C , Rani Ram Muni Road, Police Station- New Market Kolkata-700087 (West Bengal)

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Ashok Kumar Prasad Son of Late Pramod Kumar Prasad Permanent resident of village- Banpura, P.s.- Janta Bazar, District- Saran (Chapra), at present resident of 24C , Rani Ram Muni Road, Police Station- New Market Kolkata-700087 (West Bengal)

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Alka Prasad Daughter of Late Pramod Kumar Prasad Permanent resident of village- Banpura, P.s.- Janta Bazar, District- Saran (Chapra), at present resident of 24C , Rani Ram Muni Road, Police Station- New Market Kolkata-700087 (West Bengal)

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Binod Kumar Prasad Son of Late Laxmi Narayan Prasad Permanent resident of village- Banpura, P.s.- Janta Bazar, District- Saran (Chapra), at present resident of 18, Rani Ram Muni Road, Police Station- New Market Kolkata700087 (West Bengal)

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Anil Kumar Prasad @ Anil Prasad Son of Late Laxmi Narayan Prasad @ Lakshmi Narayan Sah Permanent resident of village- Banpura, P.s.- Janta Bazar, District- Saran (Chapra), at present resident of 18, Rani Ram Muni Road, Police Station- New Market Kolkata-700087 (West Bengal)

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... ... Petitioner/s

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Versus

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Santosh Prasad Son of Late Dwarikanath Prasad Permanent resident of village- Banpura, P.s.- Janta Bazar, District- Saran (Chapra), at present residing at 2/H/2 Tal Tala Kolkata-700014 (West Bengal)

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Sunil Kumar Prasad Son of Late Laxmin Narayan Prasad Permanent resident of village- Banpura, P.s.- Janta Bazar, District- Saran (Chapra), at present resident of 18, Rani Ram Muni Road, Police Station- New Market Kolkata700087 (West Bengal)

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Chhavi Devi Daughter of Late Laxmi Narayan Prasad resident of village and P.o.- Jalalpur, Police Station- Daraunda, District- Siwan

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... ... Respondent/s

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=============== Appearance : For the Petitioner/s For the Respondent/s	======================================= : Mr.Bashishtha Narayan Mishra, Adv. : Mr.Nagendra Rai, Adv.
=============== CORAM: HONOU	======================================= RABLE MR. JUSTICE ARUN KUMAR JHA

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Patna High Court C.Misc. No.197 of 2021(3) dt.16-01-2025 2/3

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ORAL ORDER

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3 16-01-2025 Heard learned counsel for the parties.

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Learned counsel appearing on behalf of the

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respondents has pointed out that vide sale deed dated 24.03.2021, the property of the impugned order has been alienated and the matter has become infructuous since the challenge is only to the order dated 05.01.2021 passed by learned Incharge Sub Judge-6th, Saran, Chapra in Partition Suit No. 468 of 2014 allowing the petition dated 20.01.2020 by the plaintiff by granting permission to sell the land measuring 02 Katha from Khata No. 664, Khesra No. 1027 Area 7 Katha 05 Dhurs and further 18 Dhurs from Khata No. 664 Khesra No. 1028. As the said land has already been sold in terms of orders of the learned Sub Judge-6th, Saran, Chapra dated 05.01.2021, nothing remains in the matter.

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At this stage, learned counsel for the petitioner submits that the present petition may be disposed of with direction to the learned trial court to dispose of the Partition Suit No. 468 of 2014 within stipulated time. The learned counsel representing the plaintiff/respondent 1^st set has no objection to the prayer of the learned counsel of the petitioner.

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In the light of the submission of the parties, learned trial court is directed to proceed with the matter and try

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Patna High Court C.Misc. No.197 of 2021(3) dt.16-01-2025 3/3

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to dispose of the Partition Suit No. 468 of 2014 at the earliest and preferably within a year from the date of receipt/production of copy of this order considering the fact that the suit is more than ten years old and from time to time administrative directions have been issued by the High Court for disposal of more than ten years old cases.

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With the aforesaid direction, the instant petition stands disposed of.

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However, it goes without saying that the petitioners have always the recourse under law to agitate any grievance before the appropriate authority in appropriate proceeding.

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Interlocutory application, if any, stands disposed

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of.

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(Arun Kumar Jha, J)

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anuradha/-

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Baby Devi @ Smt. Baby Devi v. Santosh Prasad

Case brief

What is this about?

What did the court decide?

Baby Devi @ Smt. Baby Devi v. Santosh Prasad

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Procedural history

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Coram

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