Patna High Court
Case Details
Patna High Court CWJC No.11058 of 2012 (4) dt.17-06-2013 1 IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.11058 of 2012 ====================================================== Ajay Sharma Son of Dorik Sharma Resident of Village- Mahadeo Simaria @ Ulao, P.S. Begusarai Muffasil, Distirct Begusarai .... .... Petitioner
Legal Reasoning
Versus 1. Sone Lal Barhi Son Of Late Dhana Barhi Resident Of Village Mahadeo Simaria @ Ulao, P.S. Begusarai Mufassil, Sub Division Mufassil, Sub Judgee And District Begusarai 2. Dilip Kumar Barahi Son Of Sone Lal Barhi Resident Of Village Mahadeo Simaria @ Ulao, P.S. Begusarai Mufassil, Sub Division Mufassil, Sub Judgee And District Begusarai 3. Raj Kumar Barhi Son Of Sone Lal Barhi Resident Of Village Mahadeo Simaria @ Ulao, P.S. Begusarai Mufassil, Sub Division Mufassil, Sub Judgee And District Begusarai 4. Kanhaiya Barhi Son Of Sone Lal Barhi Resident Of Village Mahadeo Simaria @ Ulao, P.S. Begusarai Mufassil, Sub Division Mufassil, Sub Judgee And District Begusarai 5. Chhote Lal Barhi Son Of Sone Lal Barhi Resident Of Village Mahadeo Simaria @ Ulao, P.S. Begusarai Mufassil, Sub Division Mufassil, Sub Judgee And District Begusarai 6. Dorik Sharma Son Of Late Borhan Sharma Resident Of Village Mahadeo Simaria @ Ulao, P.S. Begusarai Mufassil, Sub Division Mufassil, Sub Judgee And District Begusarai 7. Gopal Sharma Son Of Late Yogi Sharma Resident Of Village Mahadeo Simaria @ Ulao, P.S. Begusarai Mufassil, Sub Division Mufassil, Sub Judgee And District Begusarai 8. Vijay Sharma Son Of Late Ram Sagar Sharma 9. Birbal Sharma Son Of Late Ram Sagar Sharma 10. Shamkhu Sharma Son Of Late Ram Sagar Sharma 11. Pawan Sharma Son Of Late Ram Sagar Sharma 12. Krishna Sharma Minor Son Of Late Ram Sagar Sharma, Under Guardianship Of Vijay Sharma, Eldest Brother 13. Smt. Babita Daughter Of Late Ram Sagar Sharma Resident Of Village Mahadeo Simaria @ Ulao, P.S. Begusarai Mufassil, Sub Division Mufassil, Sub Judgee And District Begusarai 14. Ram Nath Sharma Son Of Late Mohan Sharma Resident Of Village Mahadeo Simaria @ Ulao, P.S. Begusarai Mufassil, Sub Division Mufassil, Sub Judgee And District Begusarai 15. Ganga Sharma Son Of Late Faudar Sharma Resident Of Village Mahadeo Simaria @ Ulao, P.S. Begusarai Mufassil, Sub Division Mufassil, Sub Judgee And District Begusarai 16. Lal Bahadur Sharma Son Of Late Faudar Sharma Resident Of Village Mahadeo Simaria @ Ulao, P.S. Begusarai Mufassil, Sub Division Mufassil, Sub Judgee And District Begusarai 17. Ganpat Sharma Son Of Ganga Sharma Resident Of Village Mahadeo Simaria @ Ulao, P.S. Begusarai Mufassil, Sub Division Mufassil, Sub Judgee And District Begusarai 18. Kartik Sharma Son Of Ganga Sharma Resident Of Village Mahadeo Simaria @ Ulao, P.S. Begusarai Mufassil, Sub Division Mufassil, Sub Judgee And District Begusarai 19. Tun Tun Sharma Son Of Lal Bahadur Sharma Resident Of Village Patna High Court CWJC No.11058 of 2012 (4) dt.17-06-2013 2 Mahadeo Simaria @ Ulao, P.S. Begusarai Mufassil, Sub Division Mufassil, Sub Judgee And District Begusarai 20. Ram Balak Sharma Son Of Late Manik Chand Sharma Resident Of Village Mahadeo Simaria @ Ulao, P.S. Begusarai Mufassil, Sub Division Mufassil, Sub Judgee And District Begusarai 21. Uttam Sharma Son Of Ram Balak Sharma Resident Of Village Mahadeo Simaria @ Ulao, P.S. Begusarai Mufassil, Sub Division Mufassil, Sub Judgee And District Begusarai 22. Vinod Sharma Son Of Ram Balak Sharma Resident Of Village Mahadeo Simaria @ Ulao, P.S. Begusarai Mufassil, Sub Division Mufassil, Sub Judgee And District Begusarai 23. Chandra Choor Sharma Son Of Late Baleshwar Sharma Resident Of Village Mahadeo Simaria @ Ulao, P.S. Begusarai Mufassil, Sub Division Mufassil, Sub Judgee And District Begusarai 24. Ashok Sharma Son Of Late Baleshwar Sharma Resident Of Village Mahadeo Simaria @ Ulao, P.S. Begusarai Mufassil, Sub Division Mufassil, Sub Judgee And District Begusarai 25. Asmani Devi Daughter Of Late Manik Chand Sharma Resident Of Village Mahadeo Simaria @ Ulao, P.S. Begusarai Mufassil, Sub Division Mufassil, Sub Judgee And District Begusarai 26. Om Prakash Sharma Son Of Chandrachoor Sharma Resident Of Village Mahadeo Simaria @ Ulao, P.S. Begusarai Mufassil, Sub Division Mufassil, Sub Judgee And District Begusarai 27. Bullu Sharma Son Of Ram Nath Sharma Resident Of Village Mahadeo Simaria @ Ulao, P.S. Begusarai Mufassil, Sub Division Mufassil, Sub Judgee And District Begusarai 28. Pallu Sharma Son Of Ram Nath Sharma Resident Of Village Mahadeo Simaria @ Ulao, P.S. Begusarai Mufassil, Sub Division Mufassil, Sub Judgee And District Begusarai 29. Rajan Sharma Son Of Dorik Sharma Resident Of Village Mahadeo Simaria @ Ulao, P.S. Begusarai Mufassil, Sub Division Mufassil, Sub Judgee And District Begusarai 30. Arjun Sharma Son Of Dorik Sharma Resident Of Village Mahadeo Simaria @ Ulao, P.S. Begusarai Mufassil, Sub Division Mufassil, Sub Judgee And District Begusarai 31. Sarjug Sharma Son Of Late Bajju Sharma Resident Of Village Mahadeo Simaria @ Ulao, P.S. Begusarai Mufassil, Sub Division Mufassil, Sub Judgee And District Begusarai 32. Anup Sharma Son Of Late Bhola Sharma Resident Of Village Mahadeo Simaria @ Ulao, P.S. Begusarai Mufassil, Sub Division Mufassil, Sub Judgee And District Begusarai 33. Mahaqdeo Sharma Son Of Late Subalal Sharma Resident Of Village Mahadeo Simaria @ Ulao, P.S. Begusarai Mufassil, Sub Division Mufassil, Sub Judgee And District Begusarai 34. Bhubneshwar Sharma Son Of Late Banarsi Sharma Resident Of Village Mahadeo Simaria @ Ulao, P.S. Begusarai Mufassil, Sub Division Mufassil, Sub Judgee And District Begusarai 35. Domani Devi Wife Of Late Basudeo Sharma Resident Of Village Mahadeo Simaria @ Ulao, P.S. Begusarai Mufassil, Sub Division Mufassil, Sub Judgee And District Begusarai 36. Nirmal Sharma Son Of Late Basudeo Sharma Resident Of Village Mahadeo Simaria @ Ulao, P.S. Begusarai Mufassil, Sub Division Mufassil, Sub Judgee And District Begusarai 37. Rajesh Sharma Son Of Late Basudeo Sharma Resident Of Village Patna High Court CWJC No.11058 of 2012 (4) dt.17-06-2013 3 Mahadeo Simaria @ Ulao, P.S. Begusarai Mufassil, Sub Division Mufassil, Sub Judgee And District Begusarai 38. Suchita Devi Daughter Of Late Basudeo Sharma Resident Of Village Mahadeo Simaria @ Ulao, P.S. Begusarai Mufassil, Sub Division Mufassil, Sub Judgee And District Begusarai 39. Sukhu Sharma Resident Of Village Mahadeo Simaria @ Ulao, P.S. Begusarai Mufassil, Sub Division Mufassil, Sub Judgee And District Begusarai 40. Laddu Sharma Resident Of Village Mahadeo Simaria @ Ulao, P.S. Begusarai Mufassil, Sub Division Mufassil, Sub Judgee And District Begusarai .... .... Respondent/s ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH KUMAR DATTA ORAL ORDER 4 17-06-2013 Heard learned counsel for the petitioner. The petitioner has filed the writ application for quashing the order dated 24.4.2012 passed by Munsif 2nd, Begusarai in Miscellaneous Case No.16 of 2009 under Order IX Rule 13 CPC by which the prayer of the petitioner for grant of injunction restraining the respondents from proceeding with the final decree has been rejected. The preliminary decree has been passed in Title Suit No. 223 of 1985, which was a partition suit, ex parte against the petitioner. The petitioner filed Miscellaneous Case No.16 of 2009 under Order IX Rule 13 CPC for setting aside the ex parte order. Thereafter in the said Misc. Case an application has been filed for restraining the plaintiff respondents from proceeding with the preparation of final decree. By order dated 24.4.2012 the application has been rejected by learned Munsif 2nd, Begusarai coming to the conclusion that the petitioner has no prima facie Patna High Court CWJC No.11058 of 2012 (4) dt.17-06-2013 4 case nor the balance of convenience is in his favour. Aggrieved by the same the petitioner has come to this Court. Learned counsel for the petitioner is unable to show any jurisdictional error in the impugned order dated 24.4.2012. However, it is submitted that the petitioner would be adversely affected if the final decree is passed. He, however, admits that in case the Misc. Case under Order IX Rule 13 CPC is allowed then the preliminary decree itself would be of no effect. The Misc. Case is pending for the last four years. In the above facts and circumstances, the writ application is dismissed as without any merit. However, learned Munsif 2nd , Begusarai is directed to ensure that the Misc. Case No.16 of 2009 under Order IX Rule 13 CPC is proceeded with and concluded expeditiously preferably within a period of four months from today in case the petitioner takes appropriate steps in the matter for the conclusion of the same. (Ramesh Kumar Datta, J) spal/-