Krishna Murari Tiwari vs Ram Krit Tiwari And Ors on 6 September, 2022

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Patna High Court - Orders

Krishna Murari Tiwari vs Ram Krit Tiwari And Ors on 6 September, 2022

Bench: Anil Kumar Sinha

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                       CIVIL MISCELLANEOUS JURISDICTION No.876 of 2018
                 ======================================================
                 Krishna Murari Tiwari

                                                                          ... ... Petitioner/s
                                                   Versus
                 Ram Krit Tiwari and Ors

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr. J.S. Arora, Sr. Adv.
                                               Mr.Arabind Nath Pandey
                 For the Respondent/s   :      Mr.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
                                       ORAL ORDER

5   06-09-2022

Heard Mr. J.S. Arora, learned senior counsel for the petitioner.

The petitioner has challenged the award dated 03.04.2008 passed by permanent Lok Adalat, Kaimur at Bhabhua in Title Suit No. 72 of 2008 by which the suit property has been partitioned among both the parties.

Learned senior counsel for the petitioner submits that pursuant to khangi partition / oral partition which took place in 1980 among the sons of late Bachai Tiwari a piece of land fell in the share of Sheo Janam Tiwari, who being pleased with the services of the petitioner namely, Krishna Murari Tiwari executed registered gift of deed bearing no. 5409 dated 24.05.1982 in favour of the petitioner with respect to khata no. 118, 112, 71 & 65 measuring an area of 1 acre 72 ½ decimal. Patna High Court C.Misc. No.876 of 2018(5) dt.06-09-2022 2/2 According to the petitioner subsequently in the year 2008 a Title Partition Suit was filed bearing T.S. No. 72 of 2008 by the respondents. On their request record of the Suit was sent to the permanent Lok Adalat of Kaimur at Bhabua which passed the award on 03.04.2008. Learned counsel further submits that award has been obtained by the respondents by playing fraud upon the petitioner and the petitioner was also not made party in the said proceeding though the donor of the petitioner was made a party on the basis of his forged thumb impression.

Issue notice to the respondents by both process i.e. ordinary post as well as speed post with A/D, for which, requisites etc. must be filed within two weeks, failing which, this civil miscellaneous application shall stand rejected without further reference to Bench.

List this case on 01.11.2022.

Till appearance of the respondents, let status quo as existing as of today be maintained in respect of the property situated at khata no. 118, 112, 71 & 65 having an area of 1 acre 72 ½ decimal.

praful/-                                       (Anil Kumar Sinha, J)

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Patna High Court - Orders