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Most.Ranju Devi @ Most.Ranju K vs Mukesh Kumar & Ors on 18 November, 2014

Author: Hemant Kumar Srivastava

Bench: Hemant Kumar Srivastava

  Patna High Court CWJC No.15442 of 2010 (3) dt.18-11-2014                                    1




                  IN THE HIGH COURT OF JUDICATURE AT PATNA
                              Civil Writ Jurisdiction Case No.15442 of 2010
               ======================================================
               Most.Ranju Devi @ Most.Ranju Kumari
                                                                     .... .... Petitioner/s
                                                  Versus
               Mukesh Kumar & Ors
                                                                    .... .... Respondent/s
               ======================================================
               Appearance :
               For the Petitioner/s     :   Mr. Sanjiv Kumar
               For the Respondent/s       : Mr.
               ======================================================
               CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR
               SRIVASTAVA
               ORAL ORDER

3 18.11.2014

Heard learned counsel for the petitioner.

Learned counsel for the petitioner points out that respondent no.1 filed Title Partition suit no. 130/2004 against the petitioner and others in the year 2004 but after five years of filing of the aforesaid suit, a petition under Order 6 Rule 17 of the CPC was filed to implead one Manjula Kumari who happens to be full sister of the petitioner and defendant of the aforesaid suit on the ground that some property had been purchased by husband of the petitioner in the name of the aforesaid Manjula Kumari from the joint family property fund and learned court below, without having considered objection raised on behalf of the petitioner, passed the impugned order dated 11.02.2010 allowing the aforesaid amendment petition.

Issue notice to respondent no.1 by both processes that is under ordinary process as well as under registered cover with A/d for which requisites etc. must be filed within two weeks from today, failing which the application shall stand dismissed without further reference to the Bench against respondent no.1.

List this matter after service of notice or appearance of respondent no.1 whichever is earlier.

I.A. no. 3565/2010 has been filed on behalf of the petitioner for stay of the impugned order dated 11.02.2010 passed by learned Sub Judge I, Barh in the above stated Title Partition suit no. 130/2004 as well as for stay of further proceeding of the above stated Title Partition suit no. 130/2004.

Taking note of submissions advanced on behalf of the petitioner as well as facts and circumstances, operation of the impugned order dated 11.02.2010 pending in the court of Sub Judge I, Barh/ concerned court shall remain stayed till further order of this court.

Accordingly, I.A. no. 3565/2010 stands disposed of.

Shahid                                            ( Hemant Kumar Srivastava,J)



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