Patna High Court - Orders
Ram Prakash Kumar And Ors. vs Gopal Kumar And Ors. on 19 February, 2020
Author: Ahsanuddin Amanullah
Bench: Ahsanuddin Amanullah
IN THE HIGH COURT OF JUDICATURE AT PATNA
CIVIL REVIEW No.212 of 2013
Arising out of
SECOND APPEAL No.199 of 2009
Along with
Interlocutory Applications No. 15, 16, 18, 19, 21 and 22 of 2019
And
Interlocutory Application No. 20 of 2019
along with Interlocutory Application No. 17 of 2019
In
CIVIL REVIEW No.212 of 2013
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1. Ram Prakash Kumar son of late Dasrath Kumar.
2. Sanju Devi wife of late Jairam Kumar.
3. Nilesh Kuma.
4. Amlesh Kumar.
Both 3 and 4 are minor sons of Jairam Kumar through Mothers naturual
guardian and next friend Sanju Devi.
5. Silu Kumari, minor daughter of Jairam Kumar through mother natural
guardian and next friend Sanju Devi.
6. Most Dula Devi wife of Late Kartik Kumar.
7. Mukesh Kumar
8. Rajesh Kumar.
Both 7 and 8 are sons of late Kartik Kumar.
9. Smt. Deji Devi daughter of late Kartik Kumar and wife of Ashok
Chaoudhary.
10. Most Meera Devi wife of late Harilal Kumar.
11. Kaushal Kumar.
12. Pankaj Kumar.
Both 11 and 12 are sons of late Hari Lal Kumar.
13. Most. Vimla Devi wife of Late Jamuni Kumar.
14. Kanhaiya Kumar.
15. Gopal Kumar.
16. Ranjeet Kumar.
All 14 to 16 are sons of late Jamuni Kumar.
17. Parwati Devi, wife of Banktesh Choudhary.
Resident of Village Tetri Police Station:- Naugachia, District:- Bhagalpur
18. Ranju Devi wife of Anil Raj.
Resident of Village- Marwa Police Station-Bihpur, District Bhagalpur
19. Indrakala Devi wife of late Radha Kumar.
20. Manoj Kumar.
21. Ashok Kumar.
22. Bipul Kumar.
23. Kundan Kumar.
20 to 23 are sons of late Radha Kumar.
24. Guddi Devi daughter of late Radha Kumar.
25. Veda Nand Roy, son of Late Ajodhya Roy, resident of Village - Saidpur,
Police Station-Gopalpur, District-Bhagalpur
26. Sushila Devi wife of late Upendra Kumar.
27. Murari Kumar son of Late Upendra Kumar.
28. Gopal Kumar.
29. Kanhiya Kumar.
Patna High Court C. REV. No.212 of 2013(14) dt.19-02-2020
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28 and 29 are sons of late Upendra Kumar.
30. Sahindra Kumar.
31. Mahindra Kumar.
30 and 31 are sons of Late Jhingu Kumar.
All the petitioners from petitioner No. 1 to 31, except Petitioner No. 17, 18
and 25, are residents of Villlage-Jairampur, Police Station- Bihpur, District
Bhagalpur.
...Plaintiffs ...Appellants... Appellants
............... Petitioner/s
Versus
1. Gopal Kumar.
2. Anjani Kumar.
Both 1 and 2 are sons of Bishwanath Kumar.
3. Smt. Gayatri Devi.
4. Smt. Gauri Devi.
Both 3 and 4 are the daughter of Bishwanath Kumar.
5. Bai Kunth Kumar son of Late Umanath Kumar.
6. Smt. Biddi Devi.
7. Smt. Buchchi Devi.
Both 6 and 7 are daughter of Umanath Kumar.
9. Kalyan Kumar.
10. Gyan Kumar.
Both 9 and 10 are sons of Late Ashok Kumar.
11. Rakhi Kumari.
12. Nisha Kumari.
13. Sima Kumari.
All from 11 to 13 are daughter of Late Ashok Kumar.
14. Arun Kumar.
15. Ranjit Kumar.
16. Bijay Kumar,
All from 14 to 16 are son of Late Badrinath Kumar.
17. Smt. Bibha Devi Daughter of Late Badrinath Kumar.
18. Kapideo Kumar.
19. Baleshwar Kumar.
20. Sheopujan Kumar.
21. Nawal Kishore Kumar.
22. Sushil Kumar.
All from 18 to 22 are Sons of Late Jagarnath Kumar.
23. Sunaina Devi Daughter of Late Jagarnath Kumar.
24. Sarangi Kumar.
25. Chako Kumar.
26. Raghu Nandan Kumar.
All from 24 to 26 are Son of Late Bhubneshwar Kumar.
27. Lakhan Choudhary Sons of Late Nathu Choudhary.
28. Most Urmila Devi Wife of Late Mahabir Choudhary.
29. Sunil Choudhary.
30. Barun Choudhary.
Both are 29 and 30 are sons of Late Mahabir Choudhary.
31. Smt Janki Devi Daughter of Late Mahabir Choudhary.
32. Anmol Kumar Son of Late Suresh Kumar.
Patna High Court C. REV. No.212 of 2013(14) dt.19-02-2020
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33. Shib Kumar Son of Late Laxmi Kumar.
34. Most Deokala Devi Wife of Late Kameshwar Choudhary.
35. Manju Choudhary @ Mani Choudhary.
36. Amresh Choudhary.
Both 35 and 36 are minor Sons of Late Kameshwar Choudhary through
their mother natural guardian & next fried Most Deokala Devi.
37. Prasun Choudhary Son of Raghu Nandan Choudhary.
38. Raghu Nandan Choudhary.
39. Rama Nand Choudhary.
Both are 38 and 39 are Sons of Late Trisuldhari Choudhary.
40. Jai Shankar Singh Son of late Gauri Shankar Singh.
41. Arbind Kumar.
42. Jhapu Kumar (since dead)
(I) Mala Devi, wife of late Jhapu Kumar
(II) Jhunia Kumari
(III) Guddi Kumari
(II) to (III) are daughter of late Jhapu Kumar
(I) to (III) are resident of Villlage-Jairampur, P.O.-Dharampur, Police Station-
Bihpur, District Bhagalpur.
43. Anuj Kumar.
All from 41 to 43 are Sons of Late Bindeshwari Prasad Kumar and mother
Urmila Devi/ Urmila Devi).
44. Kiran Kumari Daughter of Most Urmila Devi.
45. Ambika Prasad Singh.
46. Akhileshwar Singh.
Both are 45 and 46 are Sons of Late Kuldip Singh.
47. Kishori Prasad Singh.
48. Rajesh Prasad Singh.
Both 47 and 48 are Sons of Late Ras Bihari Singh.
49. Janardhan Prasad Singh Son of Late Adhik Lal Singh.
50. Most Lalpari Devi Wife of Late Ram Swarup Singh.
51. Rama Nand Singh.
52. Bhagwan Singh.
Both 51 and 52 are Sons of Late Ram Swarup Singh.
53. Most Chandrakala Devi Wife of Late Kulbhusan Singh.
54. Raghu Nandan Singh Son of Late Sant Lal Singh.
55. Daya Nand Singh.
56. Pramod Singh.
57. Anirudh Prasad Singh.
All from 55 to 57 are Sons of Late Kapileshwar Singh.
58. Bhairo Singh.
59. Nandani Singh.
Both are 58 and 59 are Son of Late Jaydeo Singh.
All are Residents of Village:- Jairampur P.O:- Dharampur, Police Station:-
Bihpur, District- Bhagalpur.
Defendants/Respondents/Respondents
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Rajesh Kumar, Advocate
For O.Ps. No. 15 & 20 : Mr. Rakesh Kumar, Advocate
For O.P. No. 38 (i) : Mr. Rajeev Ranjan Sinha, Advocate
Patna High Court C. REV. No.212 of 2013(14) dt.19-02-2020
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CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH
ORAL ORDER
14 19-02-2020Learned counsel for the parties are present. Interlocutory Applications No. 15, 16, 18, 19, 21 and 22 of 2019
2. Interlocutory Applications No. 15, 16, 18, 19, 21 and 22 of 2019 have been filed showing jointness of the concerned opposite parties with the person who has received notice on their behalf.
3. In view thereof, service of notice on the concerned opposite parties stand served.
Interlocutory Application No. 20 of 2019 along with Interlocutory Application No. 17 of 2019
4. Learned counsel for the petitioners submitted that Interlocutory Application No. 20 of 2019 has been filed for substitution of the opposite party no. 42 who has died during the pendency of the Review Application on 08.11.2019. It was submitted that Interlocutory Application No. 17 of 2019 has been filed seeking condonation of delay in filing of the substitution application.
5. Having considered the matter, the prayer is allowed. The delay in filing of the substitution petition stands condoned. Let the persons named in paragraph no. 2 of Patna High Court C. REV. No.212 of 2013(14) dt.19-02-2020 5/5 Interlocutory Application No. 20 of 2019 be substituted in place of the opposite party no. 42.
6. Issue notice to the substituted heirs of the opposite party no. 42, both under registered cover with A.D. as well as ordinary process for which requisites etc. must be filed within two weeks from today.
7. The matter be listed upon service of notice or appearance of the concerned opposite parties, whichever is earlier, among the top five cases.
8. In the meantime, service report with regard to opposite party no. 45 (iii) be awaited.
(Ahsanuddin Amanullah, J) Anjani/-
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