Patna High Court
Manoj KumarversusSuresh Rai
- Decided
- Disposal
- DISPOSED
- Bench
- S B P SINGH
Holding
The civil miscellaneous application is dismissed as the petitioner has full opportunity to contest the Title Appeal before the appellate court.
Summary
The petitioner filed a civil miscellaneous application seeking to quash the order dated 31.07.2024 that rejected his request for a stay of further proceedings in Title Appeal No. 229 of 2006. The petition arose from a Title Partition Suit No. 135 of 1993, which was decreed ex‑parte against the petitioner, and a subsequent Miscellaneous Case No. 01 of 2009 that was dismissed. The petitioner argued that he was not given a chance to present evidence in the original suit and that the appeal should be stayed pending the pending Miscellaneous Appeal No. 29 of 2023. The court held that the petitioner has full opportunity to contest the appeal before the appellate court and therefore the application for stay is unnecessary. Consequently, the application was disposed of with a direction to the appellate court to dispose of the pending appeal at the earliest.
Issues considered
- Whether the order rejecting the petitioner's request for a stay of the Title Appeal should be set aside
- Whether the petitioner was denied a fair opportunity to contest the ex‑parte decree in the original partition suit
- Whether the pending Miscellaneous Appeal should stay the Title Appeal
Subjects
- civil procedure
- stay of proceedings
- title partition suit
- ex‑parte decree
- appellate jurisdiction
- miscellaneous application
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CIVIL MISCELLANEOUS JURISDICTION No.1118 of 2024
======================================================
Manoj Kumar son of Late Mahima Singh resident of Village- Arrar, P.O, P.S
and District- Gopalganj,
... ... Petitioner/s
Versus
1. Suresh Rai s/o Late Janardan Rai resident of Village-Balathari, P.O.
Balathari, P.S- Kuchaikot, District- Gopalganj.
2. Mostt. Asha Kuer w/o Balinder Rai resident of Village-Balathari, P.O.
Balathari, P.S- Kuchaikot, District- Gopalganj.
3. Abhijit Rai s/o Late Balinder Rai resident of Village-Balathari, P.O.
Balathari, P.S- Kuchaikot, District- Gopalganj.
4. Vishwajit Rai s/o Late Balinder Rai resident of Village-Balathari, P.O.
Balathari, P.S- Kuchaikot, District- Gopalganj.
5. Prabhunat Rai s/o Late Kapildeo Rai resident of Village-Balathari, P.O.
Balathari, P.S- Kuchaikot, District- Gopalganj.
6. Sheo Vijay Shai s/o Late Braj Kishore Shahi resident of Village-Balathari,
P.O. Balathari, P.S- Kuchaikot, District- Gopalganj.
7. Indu Devi D/O Late Braj Kishore Shahi resident of Village-Balathari, P.O.
Balathari, P.S- Kuchaikot, District- Gopalganj.
8. Madhuri Devi D/o Late Braj Kishore Shahi resident of Village-Balathari,
P.O. Balathari, P.S- Kuchaikot, District- Gopalganj.
9. Rina Devi D/o Late Braj Kishore Shai resident of Village-Balathari, P.O.
Balathari, P.S- Kuchaikot, District- Gopalganj.
10. Happy Devi D/o Late Braj Kishore Shahi resident of Village-Balathari, P.O.
Balathari, P.S- Kuchaikot, District- Gopalganj.
11. Satendar Thakur s/o Babban Thakur resident of Village and P.O- Gangoli,
P.S. Simri, District- Buxar.
12. Sunil Thakur s/o Late Babban Thakur resident of Village and P.O- Gangoli,
P.S. Simri, District- Buxar.
13. Pushpa Devi D/O Late Babban Thakur resident of Village and P.O- Gangoli,
P.S. Simri, District- Buxar.
14. Renu Devi D/O Late Babban Thakur resident of Village and P.O- Gangoli,
P.S. Simri, District- Buxar.
15. Ruby Devi D/O Late Babban Thakur resident of Village and P.O- Gangoli,
P.S. Simri, District- Buxar.
16. Gayatri Devi D/O Lae Kapildeo Rai resident Village Gopalpur, P.S.
Gopalpur, District- Gopalganj.
17. Shailwanti Devi D/O Late Kapildeo Rai resident Village Gopalpur, P.S.
Gopalpur, District- Gopalganj.
18. Mahesh Rai S/o Late Nagina Rai resident Village Gopalpur, P.S. Gopalpur,
District- Gopalganj.
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19. Dinesh Rai S/O Late Nagina Rai resident Village Gopalpur, P.S. Gopalpur,
District- Gopalganj.
20. Mosamat Indu Devi W/O Late Nagina Devi resident Village Gopalpur, P.S.
Gopalpur, District- Gopalganj.
21. Manju Devi D/O Late Nagina Rai resident Village Gopalpur, P.S. Gopalpur,
District- Gopalganj.
22. Ragnee Devi D/O Late Nagina Rai resident Village Gopalpur, P.S. Gopalpur,
District- Gopalganj.
23. Kalpana Devi D/O Late Nagina Rai resident Village Gopalpur, P.S.
Gopalpur, District- Gopalganj.
24. Vandana Devi D/O Late Nagina Rai resident Village Gopalpur, P.S.
Gopalpur, District- Gopalganj.
25. Veena Devi W/O Late Arbind Rai resident Village Gopalpur, P.S. Gopalpur,
District- Gopalganj.
26. Shashi Shekhar Rai S/o Late Arbind Rai resident Village Gopalpur, P.S.
Gopalpur, District- Gopalganj.
27. Ravi Shanker Rai S/o Late Arbind Rai resident Village Gopalpur, P.S.
Gopalpur, District- Gopalganj.
28. Shahank Shekhar Rai S/o Late Arbind Rai resident Village Gopalpur, P.S.
Gopalpur, District- Gopalganj.
29. Jyotshana Rai D/O Late Arbind Rai resident Village Gopalpur, P.S.
Gopalpur, District- Gopalganj.
30. Rekha Devi D/O Late Arbind Rai resident Village Gopalpur, P.S. Gopalpur,
District- Gopalganj.
31. Markandey Rai S/O Late Gorakh Rai resident Village Gopalpur, P.S.
Gopalpur, District- Gopalganj.
32. Saroj Devi D/O Late Gorakh Rai resident Village Gopalpur, P.S. Gopalpur,
District- Gopalganj.
33. Saita Devi D/O Late Gorakh Rai resident Village Gopalpur, P.S. Gopalpur,
District- Gopalganj.
34. Shyama Devi D/O Late Gorakh Rai resident Village Gopalpur, P.S.
Gopalpur, District- Gopalganj.
35. Shandhya Devi D/O Late Gorakh Rai resident Village Gopalpur, P.S.
Gopalpur, District- Gopalganj.
36. Ahilesh Rai S/O Late Vishwanath Rai resident Village Gopalpur, P.S.
Gopalpur, District- Gopalganj.
37. 37. Tarkeshwar Rai S/O Late Vishwanath Rai resident Village Gopalpur, P.S.
Gopalpur, District- Gopalganj.
38. Rajeshwar Rai S/O Late Vishwanath Rai resident Village Gopalpur, P.S.
Gopalpur, District- Gopalganj.
39. Raj Kumari Devi D/O Late Vishwanath Rai resident Village Gopalpur, P.S.
Gopalpur, District- Gopalganj.
40. Ruby Devi W/O Late Bhuneshwar Rai resident of Village- Gopalpur
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Parsauni, P.S- Gopalpur, District- Gopalganj.
41. Adarsh Rai S/O Late Bhuneshwar Rai resident of Village- Gopalpur
Parsauni, P.S- Gopalpur, District- Gopalganj.
42. Diksha Rai D/O Late bhuneshwar Rai resident of Village- Gopalpur
Parsauni, P.S- Gopalpur, District- Gopalganj.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pankaj Kumar Dubey
For the Respondent/s : Mrs. Anjali Kumari
======================================================
CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH
ORAL ORDER
2 13-03-2026 The instant civil miscellaneous application has been
filed for quashing/setting aside the order dated 31.07.2024
passed in Title Appeal No. 229 of 2006 by learned Additional
Sessions Judge-VII, Gopalganj whereby and whereunder he
rejected the petition dated 29.02.2024 of the petitioner for
staying the further proceedings in the Title Appeal till the
disposal of the Misc. Appeal No. 29 of 2023 arising out of Misc.
Case No. 01 of 2009.
2. Learned counsel for the petitioner submits that the
Title Partition Suit No. 135 of 1993 was filed by respondent
which was decreed ex-parte against him. Against that order, he
has preferred Miscellaneous Case No. 01 of 2009 for setting
aside the said ex-parte decree which was also dismissed. He has
attached the copy of that order in the present application in
which it is mentioned that petitioner had got the knowledge
about the aforesaid ex-parte decree passed in Title Partition Suit
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No. 135 of 1993 on 30.10.2007 while the said Miscellaneous
Case was filed in the year 2009. Considering the entire facts,
aforesaid miscellaneous case was dismissed. Against that order,
he has also filed Miscellaneous Appeal No. 29 of 2023 before
the Court of learned District Judge, Gopalganj which is still
pending.
3. Learned counsel for the petitioner further submits
that against the judgment and decree passed in Title Partition
Suit No. 135 of 1993 one Title Appeal No. 229 of 2006 is also
going on which is filed by the rest respondent/defendant and he
fairly submits that he has also appeared in that appeal being one
of the respondent i.e. respondent no. 24A to 24F. It is also
submitted that petitioner was not given any opportunity to
produce any evidence in Title Partition Suit No. 135 of 1993.
4. After hearing learned counsel appearing on behalf
of both the parties it appears that, petitioner has full opportunity
to contest the appeal and place his case before the Appellate
Court.
5. In view of the above, the petitioner has the
opportunity to contest the appeal and advance his arguments
before the Appellate Court with regard to the stand which he
was intending to take in T.P. Suit No. 135 of 1993, since the
Patna High Court C.Misc. No.1118 of 2024(2) dt.13-03-2026
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appeal arises out of the said suit.
6. Accordingly, this Civil Miscellaneous Application
stands disposed of with a direction to the learned Appellate
Court to dispose of the said appeal at the earliest, preferably
within a reasonable period, since the appeal has been pending
consideration since the year 2006.
(S. B. Pd. Singh, J)
Ankit Kumar/-
U
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