Md. Fakruddin Son Of Late Huro ... vs Khuteja Khatoon Wife Of Late ...
2023 Latest Caselaw 2463 Jhar

                  IN THE HIGH COURT OF JHARKHAND AT RANCHI
                               W.P.(C) No.1290 of 2019
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                Md. Fakruddin son of Late Huro Momin @ Ledo, resident of Village
                Bara Madanshahi, PO & PS Borio, District Sahibganj.
                                                      ...     Petitioner
                                        -versus-
                1. Khuteja Khatoon wife of late Naimuddin @ Naim Ansari
                2. Ajarun Nisa daughter of Late Naimuddin @ Naim Ansari
                3. Sajarun Nisa daughter of Late Naimuddin @ Naim Ansari
                4. Mohjabin Praveen Nisa daughter of Late Naimuddin @ Naim
                Ansari
                5. Rubi Nisa Daughter of Late Naimuddin @ Naim Ansari
                6. Anjuri Khatoon Daughter of Late Naimuddin @ Naim Ansari.
                7. Md. Mukleshwar Rahman son of Late Naimuddin @ Naim Ansari
                8. Md. Ajamuddin son of Late Naimuddin @ Naim Ansari
                9. Md. Ali son of Late Md. Jamaluddin Ansari
                10. Md. Niyaz Ansari son of Late Md. Jamaluddin Ansari
                11. Rukshar Khatoon @ Bachina Khatoon, daughter of Late Md.
                Jamaluddin Ansari
                12. Jasanu Khatoon daughter of Late Md. Jamaluddin Ansari
                13. Nazira Khatoon Daughter of Late Md. Jamaluddin Ansari
                14. Gulesha Khatoon, Daughter of Late Md. Jamaluddin Ansari
                15. Sufina Khatoon Daughter of Late Md. Jamaluddin Ansari
                All residents of Village Bara Madanshahi, PO PS Borio, District
                Sahibganj.
                                                        ...    Opposite Parties
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                          CORAM : SRI ANANDA SEN, J.

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For the Petitioner : Mr. Anuj Kumar, Advocate For the Opp. Parties:

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7/ 28.07.2023 Heard learned counsel for the petitioner.

2. Petitioner has challenged the order dated 03.08.2018 passed by the Senior Civil Judge I, Sahibganj in Original Suit No.15 of 1952 / 23 of 1955. By the impugned order, learned Senior Civil Judge I, Sahibganj had merely directed the petitioner to deposit all the amount so received by him as per the agreement, in the Nazarat till final disposal of the case.

3. From the impugned order, I find that the suit is a partition suit and preparation of final decree is in progress. Some portion of the properties were sold by Judgment Debtor, Md. Fakruddin, who is petitioner before this Court. The said sale was effected during pendency of the suit, without taking any permission from the Court or from any of the parties. The Court, thus, directed to deposit sale proceeds in the Nazarat.

4. I find no illegality in the impugned order. There being no merit, this Writ Petition is, accordingly, dismissed. However, keeping in view that the suit

is of the year 1952, i.e., 70 years old, considering such age of the suit, I direct the Senior Civil Judge I, Sahibganj to immediately conclude the final decree proceeding, as early as possible, without giving any unnecessary adjournments to the parties.

(Ananda Sen, J.) Kumar/Cp-02