Patna High Court - Orders
Reeta Verma & Ors vs Rajesh Kumar Verma on 7 August, 2018
Author: Prabhat Kumar Jha
Bench: Prabhat Kumar Jha
IN THE HIGH COURT OF JUDICATURE AT PATNA
CIVIL MISCELLANEOUS JURISDICTION No.657 of 2018
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1. Reeta Verma, Wife of Sri Arun Kr. Verma,
2. Divya Verma, daughter of Sri Arun Kr. Verma, power of Attorney
holder of Umesh Prasad Verma, S/o Late Shiv Pd. Verma and Rajive
Verma, S/o Sri Umesh Pd. Verma, All resident of 6/C Rajendra Nagar, P.S.-
Kadamkaun, District- Patna.
3. Renu Sahay, Wife of Sri Ambika Nand Sahay, Flat No. 6321, Alok
Vihar- 2 Sector- 50 Noida- 201301 (U.P.).
.... .... Appellant/s
Versus
1. Rajesh Kumar Verma, S/o Late Chatarpati Kr. Sinha, Resident of Road
No. 6/C, Rajendra Nagar, P.S.- Kadamkuan, District- Patna.
.... .... Respondent/s
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Appearance :
For the Appellant/s : Mr. Sajal Kumar Sinha
For the Respondent/s : Mr.
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CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR
JHA
ORAL ORDER
2 07-08-2018Heard the learned counsel for the petitioners.
The petitioners have filed this Civil Misc. petition to transfer three Probate Title Suit Nos. 46 of 2016, 23 of 2016 and 47 of 2016 pending in the Court of A.D.J.-I, Patna, A.D.J.-VI, Patna and A.D.J.-II, Patna to one Court of Additional District Judge so that all the three cases be heard together.
It appears that in view of provision as contained in Section 24 of the Code of Civil Procedure, the District Judge has got concurrent jurisdiction to transfer any suit, appeal or other proceeding pending before it for trail or disposal to any court subordinate to it but the petitioner before filing this petition for Patna High Court C.M isc. No.657 of 2018 (2) dt.07-08-2018 2/2 transfer of all the three cases to one Court in this Court, has not moved before the District Judge, Patna In this view of the fact, I dispose of this petition with a direction to the petitioner to file a petition before the learned District Judge for transfer of all the three cases to one Court for the sake of convenience the and the District Judge, Patna shall pass order in accordance with law. Accordingly, this Civil Misc. petition is disposed of.
(Prabhat Kumar Jha, J) BKS/Rajan.
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