Patna High Court
Case Details
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Revision No.1220 of 2009 ====================================================== 1. Ram Janki Mandir through Sebait Ravindra Kumar Raman Alias Ravindra Kumar Yadav S/O Asharfi Narayan Yadav R/O Village- Sunder Birajit, Tola- Fokchaha, Post Office- Sundar, Police Station- Madhepur, District- Madhubani Versus .... .... Petitioner/s 1. Pavitri Devi W/O Jugal Kishore Yadav R/O Village- Sundar Birajit, Tola Fokchaha, Post Office- Sundar, Police Station- Madhepur, District- Madhubani 2. Hari Narayan Yadav S/O Late Asharfi Narayan Yadav R/O Village- Sunder Birajit, Tola Phokchaha, Police Station- Madhepur, District- Madhubani 3. Jaganarain Yadav @ Jagi Narayan Yadav S/O Late Asharfi Narayan Yadav R/O Village- Sunder Birajit, Tola Phokchaha, Police Station- Madhepur, District- Madhubani 4. Shiv Narayan Yadav S/O Late Asharfi Narayan Yadav R/O Village- Sunder Birajit, Tola Phokchaha, Police Station- Madhepur, District- Madhubani 5. Hirday Narayan Yadav S/O Late Asharfi Narayan Yadav R/O Village- Sunder Birajit, Tola Phokchaha, Police Station- Madhepur, District- Madhubani 6. Sant Kumar Sitesh @ Sant Kumar Yadav S/O Late Asharfi Narayan Yadav R/O Village- Sunder Birajit, Tola Phokchaha, Police Station- Madhepur, District- Madhubani 7. Ravindra Kumar Raman @ Ravindra Kumar Yadav S/O Late Asharfi Narayan Yadav R/O Village- Sunder Birajit, Tola Phokchaha, Police Station- Madhepur, District- Madhubani 8. Smt. Urmila Devi D/O Asharfi Narayan Yadav, W/O Upendra Prasad Yadav R/O Village- Balua, Post Office- Karthari, Police Station- Laukahi, District- Madhubani 9. Smt. Pramila Devi D/O Asharfi Narayan Yadav And W/O Upendra Prasad Yadav R/O Village- Kusmar, Post Office- Kusmar, Police Station- Khutauna, District- Madhubani 10. Suraj Kumar Yadav @ Saroj Kumar Yadav S/O Hari Narayan Yadav And Now Attained Majority R/O Village- Sunder Birajit, Tole Phokchaha, Police Station- Madhubani 11. Manoj Kumar Yadav S/O Hari Narayan Yadav And Now Attained Majority R/O Village- Sunder Birajit, Tole Phokchaha, Police Station- Madhubani 12. Amrendra Kumar Yadav S/O Jag Narayan Yadav Now Attained Majority R/O Village- Sunder Birajit, Tole Phokchaha, Police Station- Madhubani 13. Tinku Kumar Yadav S/O Jag Narayan Yadav And Now Attained Majority R/O Village- Sunder Birajit, Tole Phokchaha, Police Station- Madhubani 14. Mukesh Kumar Yadav S/O Shiv Narayan @ Shiv Narayan Yadav Now Attained Majority R/O Village- Sunder Birajit, Tole Phokchaha, Police 2 Patna High Court C.R. No.1220 of 2009 (6) dt.09-04-2013 2 / 7
Legal Reasoning
Station- Madhubani 15. Rajesh Kumar Yadav S/O Shiv Narayan @ Shiv Narayan Yadav Now Attained Majority R/O Village- Sunder Birajit, Tole Phokchaha, Police Station- Madhubani 16. Jitendra Kumar Yadav S/O Hinrday Narayan Yadav Now Attained Majority R/O Village- Sunder Birajit, Tole Phokchaha, Police Station- Madhubani 17. Papu Kumar Yadav S/O Sant Kumar Sitesh @ Sant Kumar Yadav Now Attained Majority R/O Village- Sunder Birajit, Tole Phokchaha, Police Station- Madhubani 18. Guddu Kumar Yadav S/O Sant Kumar Sitesh @ Sant Kumar Yadav Now Attained Majority R/O Village- Sunder Birajit, Tole Phokchaha, Police Station- Madhubani 19. Rameshwar Yadav S/O Late Ram Lakhan Yadav R/O Village- Sundar Birajit, Tole Phokchaha, Police Station- Madhepur, District- Madhubani 20. Kamlesh Kumar Yadav @ Kamlesh Yadav S/O Sri Rameshwar Yadav R/O Village- Sundar Birajit, Tole Phokchaha, Police Station- Madhepur, District- Madhubani 21. Bishwanath Yadav S/O Sri Rameshwar Yadav R/O Village- Sundar Birajit, Tole Phokchaha, Police Station- Madhepur, District- Madhubani 22. Prakash Kumar Yadav S/O Sri Kamlesh Kumar Yadav R/O Village- Sundar Birajit, Tole Phokchaha, Police Station- Madhepur, District- Madhubani 23. Subash Kumar Yadav minor S/O Sri Kamlesh Kumar Yadav @ Kamlesh Kumar Under The Guardianship Of His Father And Natural Guardian R/O Village- Sundar Birajit, Tole Phokchaha, Police Station- Madhepur, District- Madhubani 24. Arun Kumar Yadav S/O Late Ram Narain Yadav R/O Village- Sundar Birajit, Tola Phokchaha, Police Station- Madhepur, District- Madhubani 25. Pradip Kumar Yadav S/O Late Ram Narain Yadav Now Attained Majority R/O Village- Sundar Birajit, Tola Phokchaha, Police Station- Madhepur, District- Madhubani 26. Ram Sewak Yadav S/O Late Gosai Yadav R/O Village- Sunder Biresjit, Tole Phokcaha, Police Station- Madhepur, District- Madhubani 27. Jibachh Yadav S/O Sri Ram Sewak Yadav R/O Village- Sunder Biresjit, Tole Phokcaha, Police Station- Madhepur, District- Madhubani 28. Raj Kumar Yadav S/O Sri Ram Sewak Yadav R/O Village- Sunder Biresjit, Tole Phokcaha, Police Station- Madhepur, District- Madhubani 29. Dilip Kumar Yadav S/O Sri Ram Sewak Yadav R/O Village- Sunder Biresjit, Tole Phokcaha, Police Station- Madhepur, District- Madhubani 30. Binay Kumar Yadav S/O Sri Jibachh Yadav Now Attained Majority R/O Village- Sunder Biresjit, Tole Phokcaha, Police Station- Madhepur, District- Madhubani 31. Sanjay Kumar Yadav S/O Sri Jibachh Yadav Now Attained Majority R/O Village- Sunder Biresjit, Tole Phokcaha, Police Station- Madhepur, District- Madhubani 32. Yogendra Prasad Yadav S/O Sri Rajendra Prasad Yadav R/O Village- Sundar Birajit, Tole Phokchaha, Police Station- Madhepur, District- Madhubani 33. Surya Narain Yadav @ Surya Narain Yadav S/O Sri Rajendra Prasad Yadav R/O Village- Sundar Birajit, Tole Phokchaha, Police Station- Madhepur, District- Madhubani 3 Patna High Court C.R. No.1220 of 2009 (6) dt.09-04-2013 3 / 7 34. Satish Kumar Yadav S/O Yogendra Prasad Yadav, Now Attained Majority R/O Village- Sundar Birajit, Tole Phokchaha, Police Station- Madhepur, District- Madhubani 35. Sarb Narain Yadav Alias Ram Yadav S/O Late Gosai Yadav R/O Village- Sunder Birajit Tole Phockchaha, Police Station- Madhepur, District- Madhubani 36. Dharmendra Kumar Yadav S/O Sri Sarb Narain Yadav @ Ram Yadav R/O Village- Sunder Birajit Tole Phockchaha, Police Station- Madhepur, District- Madhubani 37. Debendra Prasad Yadav S/O Sri Sarb Narain Yadav @ Ram Yadav Now Attained Majority R/O Village- Sunder Birajit Tole Phockchaha, Police Station- Madhepur, District- Madhubani 38. Birendra Prasad Yadav S/O Sri Sarb Narain Yadav @ Ram Yadav Now Attained Majority R/O Village- Sunder Birajit Tole Phockchaha, Police Station- Madhepur, District- Madhubani 39. Bijay Kumar Yadav S/O Late Sukhdeo Yadav R/O Village- Sundar Birajit Tole Phokchaha, Police Station- Madhepur, District- Madhubani 40. Satrughan Yadav Minor S/O Late Sukhdeo Yadav, Under The Guardianship Of Sri Bishnu Nand Trivedi G.A.L. R/O Village- Sundar Birajit Tole Phokchaha, Police Station- Madhepur, District- Madhubani 41. Jib Narain Yadav S/O Late Sitai Mandal R/O Village- Sundar Birajit Tole Phockaha, Police Station- Madhepur, District- Madhubani 42. Prabodh Narain Pushp S/O Sri Jib Narain Yadav R/O Village- Sundar Birajit Tole Phockaha, Police Station- Madhepur, District- Madhubani 43. Binod Kumar Yadav S/O Sri Jib Narain Yadav R/O Village- Sundar Birajit Tole Phockaha, Police Station- Madhepur, District- Madhubani 44. Dinesh Kumar Yadav S/O Sri Jib Narain Yadav R/O Village- Sundar Birajit Tole Phockaha, Police Station- Madhepur, District- Madhubani 45. Ramesh Kumar Yadav minor S/O Sri Jib Narain Yadav, Under The Guardianship of Sri Bishnu Kant Trivedi G.A.L. R/O Village- Sundar Birajit Tole Phockaha, Police Station- Madhepur, District- Madhubani 46. Bal Krishna Yadav Minor S/O Sri Prabodh Narain Pushp, Under The Guardianship Of His Father And Natural Guardian R/O Village- Sundar Birajit Tole Phockaha, Police Station- Madhepur, District- Madhubani 47. Bunni Lal Yadav S/O Late Uchit Yadav R/O Village- Sunder Birajit Tole Phokchaha, Police Station- Madhepur, District- Madhubani 48. Mahabir Yadav S/O Late Khatar Yadav R/O Village- Sunder Birajit Tole Phokchaha, Police Station- Madhepur, District- Madhubani 49. Ram Sundar Yadav S/O Late Khatar Yadav R/O Village- Sunder Birajit Tole Phokchaha, Police Station- Madhepur, District- Madhubani 50. Chanchan Yadav Alias Chunchun Yadav S/O Late Khatar Yadav R/O Village- Sunder Birajit Tole Phokchaha, Police Station- Madhepur, District- Madhubani 51. Jibach Yadav minor S/O Sri Mahabir Yadav, under the guardianship of Sri Bishnu Kant Trivedi G.A.L. R/O Village- Sunder Birajit Tole Phokchaha, Police Station- Madhepur, District- Madhubani 52. Rajesh Yadav Minor S/O Sri Mahabir Yadav, under the guardianship of Sri Bishnu Kant Trivedi G.A.L. R/O Village- Sunder Birajit Tole Phokchaha, Police Station- Madhepur, District- Madhubani 53. Ram Krishna Yadav S/O Sri Ram Chalitar Yadav R/O Village- Sunder Birajit Tole Phokchaha, Police Station- Madhepur, District- Madhubani 54. Ram Udgar Yadav minor S/O Sri Ram Chalitar Yadav, under the 4 Patna High Court C.R. No.1220 of 2009 (6) dt.09-04-2013 4 / 7 guardianship of Sri Bishnu Kant Trivedi G.A.L. R/O Village- Sunder Birajit Tole Phokchaha, Police Station- Madhepur, District- Madhubani 55. Lakshman Yadav @ Lachhan Yadav S/O Late Bilat Yadav R/O Village- Nemua, Post Office- Sonre, Police Station- Lakhanour, District- Madhubani 56. Rameshwar Yadav S/O Late Bilat Yadav R/O Village- Nemua, Post Office- Sonre, Police Station- Lakhanour, District- Madhubani 57. Bindeshwar Yadav S/O Late Bilat Yadav R/O Village- Nemua, Post Office- Sonre, Police Station- Lakhanour, District- Madhubani 58. Baleshwar Yadav S/O Late Bilat Yadav R/O Village- Nemua, Post Office- Sonre, Police Station- Lakhanour, District- Madhubani 59. Kapleshwar Yadav S/O Late Bilat Yadav R/O Village- Nemua, Post Office- Sonre, Police Station- Lakhanour, District- Madhubani 60. Upendra Yadav S/O Late Bilat Yadav R/O Village- Nemua, Post Office- Sonre, Police Station- Lakhanour, District- Madhubani 61. Ram Sewak Yadav S/O Sri Makhan Yadav (Wrongly Written In The Decree Under Objection As S/O Pawan Yadav) R/O Village- Nemua, Post Office- Sonre, Police Station- Lakhanour, District- Madhubani 62. Kishun Yadav S/O Sri Makhan Yadav (Wrongly Written In The Decree Under Objection As S/O Pawan Yadav) R/O Village- Nemua, Post Office- Sonre, Police Station- Lakhanour, District- Madhubani 63. Bhuwan Yadav S/O Sri Makhan Yadav (Wrongly Written In The Decree Under Objection As S/O Pawan Yadav) R/O Village- Nemua, Post Office- Sonre, Police Station- Lakhanour, District- Madhubani 64. Mahabir Yadav S/O Sri Ram Narain Yadav R/O Village- Nemua, Post Office- Sonre, Police Station- Lakhanour, District- Madhubani 65. Yogendra Yadav S/O Sri Ram Narain Yadav R/O Village- Nemua, Post Office- Sonre, Police Station- Lakhanour, District- Madhubani 66. Rajbir Yadav S/O Sri Ram Narain Yadav R/O Village- Nemua, Post Office- Sonre, Police Station- Lakhanour, District- Madhubani 67. Chandrabir Yadav S/O Sri Ram Narain Yadav R/O Village- Nemua, Post Office- Sonre, Police Station- Lakhanour, District- Madhubani 68. Smt. Ganga Devi W/O Sri Ram Narain Yadav R/O Village- Nemua, Post Office- Sonre, Police Station- Lakhanour, District- Madhubani 69. Ram Sundar Yadav S/O Sri Yaduni Yadav R/O Village- Biharpur, Police Station- Lakhanaur, District- Madhubani 70. Digambar Yadav S/O Sri Yaduni Yadav R/O Village- Biharpur, Police Station- Lakhanaur, District- Madhubani 71. Surya Narain Yadav S/O Late Muneshwar Yadav R/O Village- Biharpur, Police Station- Lakhanaur, District- Madhubani 72. Birju Mandal Minor S/O Chandeshwar Mandal Under The Guardianship Of Sri Bishnu Kant Trivedi G.A.L. R/O Village- Lilakbad, Biharpur, Police Station- Lakhnaur, District- Madhubani 73. Birju Mandal, minor son of Chandeshwar Mandal under the guardianship of Sri Bishnu Kant Trivedi G.A.L., resident of village- Lilakbad, Biharpur, P.S. Lakhnaur, District Madhubani. .... Opposite Parties ====================================================== Appearance : For the Petitioner/s : Mr. Suraj Narain Yadav, Adv. For the Respondent/s : ………….. ====================================================== 5 Patna High Court C.R. No.1220 of 2009 (6) dt.09-04-2013 5 / 7 CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 7 09-04-2013 Heard Mr. Suraj Narain Yadav, learned counsel for the petitioner and Mr. Prabhas Ranjan, learned counsel for the opposite parties. An issue of maintainability of this civil revision application has been raised by the petitioner. A perusal of the order impugned manifests that there is no adjudication on the application of the petitioner and thus in view of the Division Bench pronouncement of this Court reported in 2008(1) PLJR 308 a revision in such circumstances is held maintainable. This civil revision application is directed against an order dated 11.6.2009 passed by learned Sub Judge-III, Jhanjharpur in Misc. Case No. 15 of 2009 whereby the learned Court below has been pleased to dismiss the application filed by the petitioner under Order 21 Rule 97 of the Code of Civil Procedure(hereinafter referred to as the ‘Code’) resisting the execution of decree passed in Partition Suit no. 69 of 1990/298 of 2007. I have heard learned counsel for the parties and have perused the materials on record. By the order impugned, the prayer of the petitioner as 6 Patna High Court C.R. No.1220 of 2009 (6) dt.09-04-2013 6 / 7 contained in his application filed under Order 21 Rule 97 of the Code, has been rejected on grounds that the counsel has failed to substantiate the provision under which the miscellaneous case has been filed. It is by now well settled that an application filed before a Court requires an adjudication unless it is barred under any law. Such is not the circumstance and if any, it does not find mention in the order impugned. Suffice it to say that an application was filed by the petitioner under the provisions of Order 21 Rule 97 of the Code and the moment such application is filed, it becomes a bounden duty of the Court concerned to adjudicate upon the same after holding due enquiry as required under the Code. Whether or not such application is maintainable at the instance of the party approaching, has to find an answer in the order impugned, with reasons supporting the conclusion. The order impugned is wanting on this score. In consequence, this Court has no other option but to set aside the order impugned and remit the matter back to the Court of Sub Judge-III, Jhanjharpur for consideration of the application and its disposal in accordance with law after hearing the contesting parties. As the application is of the year 2008, an early disposal 7 Patna High Court C.R. No.1220 of 2009 (6) dt.09-04-2013 7 / 7 preferably within a period of six months would be appreciated. Before parting, this Court would like to place on record that this Court has not expressed any opinion on the rival contentions advanced on behalf of the parties on the issue. This application is allowed but without any order as to costs. Bibhash/- (Jyoti Saran, J)