Patna High Court
Mahadev Gope vs Laxmi Gope on 23 April, 2025
Author: Arun Kumar Jha
Bench: Arun Kumar Jha
IN THE HIGH COURT OF JUDICATURE AT PATNA
CIVIL MISCELLANEOUS JURISDICTION No.346 of 2025
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Mahadev Gope, Son of Late Ram Sevak Gope, Resident of Village- Maujipur,
P.O. - Fatuha, P.S. - Nadi Thana, District- Patna.
... ... Petitioner/s
Versus
1. Laxmi Gope Son of Late Janak Gope Resident of Village - Changar, P.S. -
Kankarbagh, District- Patna.
2. Girja Gope Son of Late Janak Gope Resident of Village - Changar, P.S. -
Kankarbagh, District- Patna.
3. Mofil Gope Son of Janka Gope Resident of Village - Changar, P.S. -
Kankarbagh, District- Patna.
4. Moti Gope Son of janka Gope Resident of Village - Changar, P.S. -
Kankarbagh, District- Patna.
5. Munna Devi Wife of Late Hari Nandan Gope Resident of Village -
Maujipur, Post - Fatuha, P.S. - Nadi Thana, District- Patna.
6. Bipin Kumar Son of Late Hari Narayan Gope Resident of Village -
Maujipur, Post - Fatuha, P.S. - Nadi Thana, District- Patna.
7. Ajay Kumar Son of Late Hari Narayan Gope Resident of Village - Maujipur,
Post - Fatuha, P.S. - Nadi Thana, District- Patna.
8. Manju Devi Daughter of Harinandan Gope, Wife of Ajay Rai Resident of
Village - Lahariya Tola, P.O. and P.S. - Athmalgola, District - Patna.
9. Lalita Devi Daughter of late Harinandan Gope Wife of Jai Prakash Rai
Resident of Village - Mohammadpur, P.O. - Kothiya, P.S. - Didarganj,
District- Patna.
10. Phoola Devi Daughter of Late Harinandan Gope, Wife of Sanoj Kumar,
Resident of Village - Lahariya Tola, P.O. and P.S. - Athmalgola, District-
Patna.
11. Chunni Devi Daughter of Late Harinandan Gope, Wife of Chandan Kumar
Resident of Village - Patna City Humad Gali, P.S. - Begampur, P.O. - Patna
City Chowk, District- Patna.
12. Sri Ravi Home Pvt. Ltd., 3rd Floor, Maa Kaushalya Grand, Opp. Indian
Petrol Pump Colony More, Kankarbagh, Patna.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Digvijay Narayan Singh, Advocate
For the Respondent/s : Mr.
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CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL JUDGMENT
Date : 23-04-2025
The record taken up on mentioning being made on
Patna High Court C.Misc. No.346 of 2025 dt.23-04-2025
behalf of the petitioner.
2. As prayed, learned counsel for the petitioner is
permitted to make necessary correction in paragraph 1 of the
present petition in course of the day.
3. Heard learned counsel for the petitioner.
4. The learned counsel for the petitioner submits that
the petitioner confines his prayer only to the direction to the
learned trial court for expeditious disposal of the application
dated 10.11.2023 filed in Title Partition Suit No. 136/2022 by
the petitioner under Order 22 Rule 4 of the Code of Civil
Procedure along with the petition filed under Section 5 of the
Limitation Act and also another application dated 16.05.2024
filed under the same provisions. The learned counsel
specifically submits that he has not been pressing the other
reliefs. The learned counsel further submits that defendants have
appeared in the said case, but the learned trial court is not taking
any interest and has kept the partition suit pending and is not
even disposing of the applications filed for substitution of
deceased defendant nos. 1 & 6.
5. Since it has been submitted by the learned counsel
for the petitioner that all the defendants have appeared in the
Partition Suit No. 136/2022 pending before the learned Sub
Patna High Court C.Misc. No.346 of 2025 dt.23-04-2025
Judge-IX, Patna and applications filed for substitution of
deceased defendants are pending, without issuance of notice to
the other sides, the learned trial court is directed to dispose of
the aforesaid applications dated 10.11.2023 and 16.05.2024 filed
by the plaintiff/petitioner under Order 22 Rule 4 of the Code of
Civil Procedure in Title Partition Suit No. 136 of 2022 on its
merits and in accordance with law at the earliest and preferably
within a period of one month from the date of receipt/production
of a copy of this order, after giving due opportunity of hearing
to the parties.
6. The parties are also directed to cooperate in the
matter for its early disposal without seeking unnecessary
adjournment.
7. With the aforementioned observations and
directions, the instant petition stands disposed of.
(Arun Kumar Jha, J)
V.K.Pandey/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 23.04.2025
Transmission Date NA
