Rahul Kumar Singh vs Chandra Kanta Devi And Ors on 5 December, 2022

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Patna High Court - Orders

Rahul Kumar Singh vs Chandra Kanta Devi And Ors on 5 December, 2022

Bench: Rajiv Roy

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  Miscellaneous Appeal No.228 of 2015
                 ======================================================
                 Rahul Kumar Singh

                                                                             ... ... Appellant/s
                                                     Versus
                 Chandra Kanta Devi and Ors

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :        Mr.Devi Das Srivastava,Advocate
                                                 Mr. Dharmesh Kumar Srivastava, Advocate
                 For the Respondent/s   :        Mr.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

3   05-12-2022

Mr. Dharmesh Kumar Shrivastava, learned counsel submits that he has been instructed by Mr. Devi Das Shrivastava to seek adjournment in the matter.

2. On 14.11.2022, the following order was passed:

"Mr. Devi Das Shrivastava, learned counsel for the appellant submits that he may be granted three weeks time to ascertain the present position of the case pending before the learned Sub-Judge, Ist, Buxar, in Probate Case No. 23 of 2007.

As prayed for, three weeks time is granted."

3. The present appeal has been preferred against the order dated 02.06.2015 passed in Revocation Probate Case No. 23 of 2007 by the learned Sub Judge 1st, Buxar allowed the Patna High Court MA No.228 of 2015(3) dt.05-12-2022 2/4 petition of the respondent 1st set and remanded the matter back for contesting the case after deposition of the caveat fee.

4. The brief facts of the case is/are as follows:-

5. Savitri Devi was blessed with three daughters- the respondent 1st set and the respondent 2nd set, the appellant being son of the respondent 2nd set namely, Madhuri Devi. He claim that his 'nani' (Maternal Grand Mother) was staying with her mother and was also looked after by them and happy with their service, she executed 'Will' on 06.08.2007 for the property she had inherited.

6. Accordingly, the same was mutated and the appellant was having physical possession of the said land.

7. Savitri Devi died on 18.10.2007 whereafter the Probate Case No. 23 of 2007 was filed. However, the name of the respondent 1st set, namely, Chandra Kanta Devi and Maya Devi the two daughters of late Savitri Devi was omitted inasmuch as they were not made parties.

8. The learned Court offered objection from public and later granted Probate on 14.07.2010. Accordingly, the Probate was prepared vide an order dated 27.04.2011 by the learned Civil Judge, Buxar.

9. On 05.08.2011, the respondent 1st set upon Patna High Court MA No.228 of 2015(3) dt.05-12-2022 3/4 knowledge filed the petition for revocation of Probate on the ground amongst other that they were necessary parties to it but were deliberately left out. On 08.12.2011, the rejoinder petition was filed by the appellant.

10. After hearing all the parties, the learned Court vide an order dated 02.06.2015 passed the following order:

"mHk;i{kksa ds }kjk izLrqr ekSf[kd nLrkostksa lk{;ksa ds ifj'khyu ds mijkar eSa bl fu"d"kZ ij igqWprk gwa fd bl U;k;ky; dh o'kh;r ds xq.k] nks"k dk fu/kkZj.k ugha djuk gS cfYd ;g ns[kuk gS fd D;k foi{kh jkgqy dqekj }kjk tks izkf/kdkj izek.k i= izkIr fd;k x;k Fkk mls izkIr djus dh iw.kZ vko';d i{kdkjksa dks fof/kor :i ls uksfVl rkfey djkbZ xbZ FkhA bl laca/k esa izkosV okn la0 23@07 dks jkgqy dqekj cuke vKkr ds uke ls vke bf'rgkj vo'; fudkyk x;kA fdUrq Lo0 j?kqifr ukjk;.k flag ,oa mudh iRuh lkfo=h ds 'kjhj ls iSnk gqbZ rhu yM+fd;ksa dks ftlesa vkosfndk paædkark nsoh ,oa ek;k nsoh dks fcuk fdlh uksfVl ds izkf/kdkj izek.k i= izkIr fd;k x;k gSA esjh n`f"V esa ;g izkf/kdkj izek.k i= fcuk la?k"kZ leqfpr uksfVl ds izkIr fd;k x;k gSA izkf/kdkj izek.k i= fnukad 14-7-10 esa izfr lagj.k ¼fjoksds'ku½ dk vkosnu Patna High Court MA No.228 of 2015(3) dt.05-12-2022 4/4 vkosfndk dk Lohd`r fd;k tkrk gS rFkk dSfc;V 'kqYd tek djus ds mijkar vfHkys[k ftyk ,oa l= U;k;k/kh'k ds ;gk¡ la?k"kZ gsrq Hkst fn;k tk;A bl izdkj vkosfndk }kjk nkf[ky vkosnu fnukad 5-8-11 izfr lagj.k dk vkns'k ikfjr fd;k tkrk gSA"

11. Aggrieved by the said order, the present appeal has been filed.

12. Although, neither Mr. Devi Das Shrivastava appeared nor he had given any instruction for which the matter was adjourned on 14.11.2022, in view of the fact that Mr. Dharmesh Kumar Shrivastava do not have the file, as a last chance, list this matter after four weeks.

(Rajiv Roy, J) neha/-

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Patna High Court - Orders