Patna High Court - Orders
Nageshwar Singh vs Pramod Kumar Singh on 18 February, 2026
IN THE HIGH COURT OF JUDICATURE AT PATNA
CIVIL MISCELLANEOUS JURISDICTION No.335 of 2025
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Nageshwar Singh Son of late Bhagvat Singh resident of Mauza- Pavani, Post-
Pavani, P.S.- Nasriganj, District- Rohtas- 821310, Bihar.
... ... Petitioner/s
Versus
1. Pramod Kumar Singh Son of Late Ram Kumar Singh and Late Manorama
Devi resident of Mauza and Post- Silidaag, District- Palamu, Jharkhand.
2. Arvind Kumar Singh, Son of Late Ram Kumar Singh and Late Manorama
Devi resident of Mauza and Post- Silidaag, District- Palamu, Jharkhand.
3. Janmanjay Singh, Son of Late Ram Kumar Singh and late Manorama Devi
resident of Mauza and Post- Silidaag, District- Palamu, Jharkhand.
4. Lav Kumar Singh, Son of Late Sitaram Singh and late Malti Devi resident of
Mauja- Sideeha, P.O.- Utari, District- Palamu, Jharkhand.
5. Sanjeev Kumar Singh, Son of Late Sitaram Singh and late Malti Devi
resident of Mauja- Sideeha, P.O.- Utari, District- Palamu, Jharkhand.
6. Sanjay Kumar Singh, Son of Late Sitaram Singh and late Malti Devi
resident of Mauja- Sideeha, P.O.- Utari, District- Palamu, Jharkhand.
7. Vidya Devi wife of Krishna Murari Singh and daughter of late Indradev
Singh resident of Mauja- Dariya, P.O.- Tarhasi, District- Palamu, Jharkhand.
8. Annpurna Kunwar, Daughter of Shiv Shankar Singh and wife of
Sachhidanand Singh resident of village Kot, P.O.- Lesliganj, District-
Palamu, Jharkhand - 822118.
9. Manju Devi, Daughter of late Shiv Shankar Singh wife of Rajesh Kumar
Singh resident of village Kariwadih, P.O.- Kariwadih, P.S.- Kharaundhi,
District- Garhwa, Jharkhand - 822112.
10. Lalpati Devi, Daughter of late Shiv Shankar Singh and wife of Badri
Narayan Singh resident of village and Post- Vairahi, P.S.- Dhanaura, District
Patna- 804451.
11. Prabha Kunwar, Wife of Late Raj Kishore Singh resident of Mauza- Pavani,
Post- Pavani, P.S.- Nasriganj, District- Rohtas- 821310, Bihar.
12. Tutu Kumar, Son of Late Raj Kishore Singh resident of Mauza- Pavani,
Post- Pavani, P.S.- Nasriganj, District- Rohtas- 821310, Bihar.
13. Rahul Kumar (Minor), Son of Yugal Kishore Singh (Now become Major),
resident of Mauza- Pavani, Post- Pavani, P.S.- Nasriganj, District- Rohtas-
821310, Bihar.
14. Bhandari (Minor), Son of Yugal Kishore Singh (Now become Major),
resident of Mauza- Pavani, Post- Pavani, P.S.- Nasriganj, District- Rohtas-
821310, Bihar.
15. Mrityunjay Kumar Singh, Son of Late Rama Shankar Singh resident of
Mauza- Pavani, Post- Pavani, P.S.- Nasriganj, District- Rohtas- 821310,
Bihar.
16. Hansraj Kumar Singh, Son of Mrityunjay Kumar Singh (Now become
Patna High Court C.Misc. No.335 of 2025(6) dt.18-02-2026
2/5
Major), resident of Mauza- Pavani, Post- Pavani, P.S.- Nasriganj, District-
Rohtas- 821310, Bihar.
17. Sunil Kumar Singh, Son of Nageshwar Singh (Now become Major), resident
of Mauza- Pavani, Post- Pavani, P.S.- Nasriganj, District- Rohtas- 821310,
Bihar.
18. Govind Kumar Singh, (Minor), Son of Sunil Kumar Singh (Now become
Major), resident of Mauza- Pavani, Post- Pavani, P.S.- Nasriganj, District-
Rohtas- 821310, Bihar.
19. Atkhaas Devi, Wife of Medani Singh and daughter of late Mudrika Singh,
resident of village- Kariyawa, P.O.- Kariyawa (Kharaundhi), P.S.-
Bhavnathpur, District- Garhwa, Jharkhand.
20. Ram Swaroop Singh, Son of not known, Spouse late Veena Devi resident of
village- Nimiya Pathra, P.O.- Brahmoriya, District- Palamu, Jharkhand.
21. Babu, Son of Ram Swaroop Singh and late Veena Devi resident of village-
Nimiya Pathra, P.O.- Brahmoriya, District- Palamu, Jharkhand.
22. Bittu, Son of Ram Swaroop Singh and late Veena Devi resident of village-
Nimiya Pathra, P.O.- Brahmoriya, District- Palamu, Jharkhand.
23. Dolly, Daughter of Ram Swaroop Singh and Late Veena Devi resident of
village- Nimiya Pathra, P.O.- Brahmoriya, District- Palamu, Jharkhand.
24. Choti, Daughter of Ram Swaroop Singh and Late Veena Devi resident of
village- Nimiya Pathra, P.O.- Brahmoriya, District- Palamu, Jharkhand.
25. Yugal Kishore Singh, son of late Shiv Shankar Singh, resident of Mauza-
Pavani, Post- Pavani, P.S.- Nasriganj, District- Rohtas- 821310, Bihar.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Satyendra Narayan Singh, Adv.
Mr. Satyendra Kr. Singh, Adv.
Ms. Bhawana Kumari, Adv.
For the Respondent/s : Mr. Chandra Kant, Adv.
For Res. Nos. 12-14 and 17-18 Mr. Praveen Prabhakar, Adv.
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CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH
ORAL ORDER
6 18-02-2026Heard learned counsel for both the parties.
2. This application has been filed against the order dated 07.01.2025 passed by the learned Sub-Judge III, Bikramganj, in Title Partition Suit No. 453 of 2004.
3. Learned counsel for the petitioner submits that Title Partition Suit No. 453 of 2004 is pending before the learned trial Patna High Court C.Misc. No.335 of 2025(6) dt.18-02-2026 3/5 court. The said suit has been instituted by the respondents herein, namely Manorma Devi and others, who are the daughters of Late Indradev Singh, claiming half share in the properties described in Schedule No. 1 of the plaint.
4. It is further submitted that the petitioner had earlier filed Probate Case No. 68 of 1992 in respect of a Will dated 14.04.1992 allegedly executed by Late Indradev Singh in favour of Shiv Shankar Singh and others. The said probate proceeding was subsequently converted into a contested title suit and renumbered as Title Suit No. 12 of 2012. The said title suit was dismissed by the learned trial court.
5. Being aggrieved by the judgment and decree passed in Title Suit No. 12 of 2012, the petitioner has preferred First Appeal No. 23 of 2023, which is presently pending before the Hon'ble High Court at Patna.
6. It is respectfully submitted that the subject matter involved in Title Suit No. 453 of 2004 and First Appeal No. 23 of 2023 is same. That is why the plaintiff filed a petition before the trial court, under Section 10 of the Code of Civil Procedure seeking stay of further proceedings in Title Suit No. 453 of 2004, which was dismissed by the impugned order, being aggrieved by the said order i.e. rejecting the application under Patna High Court C.Misc. No.335 of 2025(6) dt.18-02-2026 4/5 Section 10 C.P.C., the petitioner has preferred the present Civil Miscellaneous Application.
7. Admittedly, the test/probate case has been dismissed by the trial court upon contest against which an appeal is pending. And trial in title partition suit is pending since 2004 which has been filed by the daughters of Testator Indradev Singh.
8. In such circumstances, if the aforesaid Title Partition Suit is not decided within a stipulated time, it will cause grave prejudice to the parties concerned. It is pertinent to mention that the probate case has already been dismissed by the learned trial court. During the course of arguments, the learned counsel appearing on behalf of the petitioner placed reliance upon the judgments reported in AIR 2006 SC 2263 as well as AIR 2017 Orissa 48 in order to buttress his submissions.
9. The facts of this case and the aforesaid judgments are not same because in this case, appeal is pending in one case whereas, in the aforesaid judgment the suits were pending. In this case, the suit has already been decided and the appeal is pending. Hence, the aforesaid judgment is not applicable in this case and keeping in view the pendency of title partition suit no. 453/2004 since 2004, it is expedient in the interest of justice to Patna High Court C.Misc. No.335 of 2025(6) dt.18-02-2026 5/5 issue a direction for expeditious disposal of the suit at the earliest.
10. The learned trial court has rightly dismissed the petition filed by the petitioner under Section 10 of the Code of Civil Procedure on the ground of continuation of the suit in appeal. Hence, the present civil miscellaneous petition is devoid of merit and is accordingly liable to be dismissed. However, it goes without saying that the judgment rendered in Appeal No. 23 of 2023 shall have an overriding effect over any judgment that may be passed in T.S. No. 454 of 2004.
11. Accordingly, this civil miscellaneous application stands disposed of.
(S. B. Pd. Singh, J) sushma/-
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