Chinta Upadhyay vs Shailendra Upadhyay
2023 Latest Caselaw 4181 Jhar

              IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                 C.M.P. No. 291 of 2023
              Chinta Upadhyay                                   ...... Petitioner
                                       Versus
           1. Shailendra Upadhyay
           2. Nandu @ Narendra Upadhyay,
           3. Dhananjay Upadhyay
           4. Rananjay Upadhyay
           5. Geta Tiwary
           6. Radha Pandey
           7. Mrintunjay Upadhyay                            ......Opposite Parties
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CORAM: HON'BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA

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For the Petitioner : Mr. Kanti Kumar Ojha, Advocate For the O.P. Nos. 1, 2 & 4 : Mr. Rahul Gupta, Advocate Mr. Nandan Prasad, Advocate .....

Order No.09/ Dated:07.11.2023 The instant Civil Miscellaneous Petition has been filed for quashing/setting aside the order dated 01.07.2022, passed by the learned Civil Judge-III, Dumka in Final Decree Case No. 01 of 2018 (Annexure 5) whereby and whereunder the objection filed by the petitioner in final decree proceeding for excluding the share of the petitioner with respect to the lands purchased by her from the Defendant No.4 by virtue of registered sale deed has been rejected and also for quashing the order dated 06.02.2023 passed by the learned Civil Judge-III, Dumka in Final Decree Case No. 01 of 2018 rejecting the petition filed by the petitioner to recall the order dated 01.07.2022 passed in Civil Misc. Application No. 01/2018/ Final Decree No. 01 of 2018.

2. Learned counsel for the petitioner has submitted that in the original Title Partition Suit No. 46 of 2006, defendant no.4, Mrityunjay Upadhyay, co-sharer has sold to petitioner lands appertaining to Basauri J.B. No. 13/29 of Dumka Town No. 07, Taluk Ghat Dumka, Tape Belpatta, Touzi No. 06 within Dumka Municipality Ward No. 04 Holding No. 179, P.S. Dumka Town, Sub division and District- Dumka area 04 Kathas 15 dhurs through sale deed no. 1069 dated 06.12.2004. The defendant no. 4, Mrintunjay Upadhyay had instituted a Suit No. 72 of 2006 for cancellation of sale deed executed in favour of the petitioner, Chinta Upadhyay and that suit was dismissed vide judgment dated 18.01.2016. Therefore, in the subject matter of partition suit, the purchased share of the petitioner is also to be divided by metes and bound. The petitioner has filed an application before the learned court below in the Final decree Case No. 01/2018 for excluding the land purchased by her through the sale deed from the partition suit, which has been denied and rejected.

3. The petitioner apprehends that her share might not be included in the final decree and she will not get her land. Learned counsel for the opposite parties has raised no serious objection for allotment of share of the applicant on the basis of whatever share may fall to defendant no. 4, (vendor of the petitioner) by metes and bounds in accordance with final decree.

4. In view of aforesaid observation, this petition stands disposed of.

(Pradeep Kumar Srivastava, J.) R.K/