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Patna High Court

Gouri Mandal,versusNanda Devi

Decided
Disposal
DISPOSED

Holding

The revision is affirmed and the respondents are ordered to pay Rs 10,000 as costs to the petitioners.

Summary

The petitioners, Gouri Mandal and others, filed a civil revision challenging the Sub Judge VIII, Bhagalpur's order dated 12 January 2022, which had set aside a 2017 order in Title Suit No. 890 of 2013 without awarding costs. The petitioners sought a reversal of that decision and an award of costs against the respondents. The High Court examined the materials and noted that both parties had mutually consented to the disposition of the matter. Accordingly, the Court affirmed the Sub Judge's order but modified it by directing the respondents to deposit Rs 10,000 as costs within four weeks. The cost amount is to be paid to the petitioners, and the revision application was disposed of on these terms.

Issues considered

  • Whether the Sub Judge's order setting aside the Title Suit judgment should be affirmed on revision.
  • Whether the respondents should be ordered to pay costs to the petitioners.

Subjects

  • civil revision
  • costs
  • title suit
  • mutual consent
  • order modification

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                     CIVIL REVISION No.10 of 2022
                  ======================================================
                  Gouri Mandal, S/o Late Gulab Mandal, R/o Village - Sarmaspur near Kali
                  Hanuman Temple (Tahbalpur) P.S. Lodipur, District - Bhagalpur.

                                                                           ... ... Petitioner/s
                                                  Versus
            1.    Nanda Devi W/o Loknath Prasad, Resident of Village - Sarmaspur near Kali
                  Hanuman Temple (Tahbalpur) P.S. Lodipur, District - Bhagalpur.
            2.    Loknath Prasad, S/o Late Gulab Mandal, Resident of Village - Sarmaspur
                  near Kali Hanuman Temple (Tahbalpur) P.S. Lodipur, District - Bhagalpur.
            3.    Shankar Mandal s/o Late Gulab Mandal, R/o Village Sarmaspur near Kali
                  Hanuman Temple (Tahbalpur), P.s. Lodipur, District Bhagalpur.
            4.    Shantosh Mandal, S/o Late Gulab Mandal, R/o Village Sarmaspur near Kali
                  Hanuman Temple (Tahbalpur), P.s. Lodipur, District Bhagalpur.
            5.    Purandeo Singh, S/o Late Gulab Mandal, R/o Village Sarmaspur near Kali
                  Hanuman Temple (Tahbalpur), P.s. Lodipur, District Bhagalpur.

                                                            ... ... Respondent/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s   :      Mr. Anupa Nand Jha, Advocate
                  For the Respondent/s   :      Mr. Fazle Karim, Advocate
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND
                  MALVIYA
                                        ORAL ORDER

17   10-02-2026                   Heard learned counsel for the petitioners and learned

                    counsel for the opposite parties.

                                2. Learned counsel for the petitioner submits that

                    learned Sub Judge VIII, Bhagalpur in Miscellaneous Appeal No.

                    29 of 2019 has allowed the said appeal vide order dated

                    12.01.2022 after setting aside the order dated 11.05.2017 passed

                    in Title Suit No. 890 of 2013 without any cost upon the

                    Opposite Party.

                                3. On perusal of materials available on record and
           Patna High Court C.R. No.10 of 2022(17) dt.10-02-2026
                                                        2/2




                     mutual consent of both the parties, the present Civil Revision

                     application is disposed of with subject to the condition that

                     Opposite Party shall deposit the cost of Rs. 10,000/- (ten

                     thousand) within a period of four weeks from the copy of

                     receipt of this order before the concerned Court and the said

                     cost amount be given to petitioner/respondent. Accordingly, the

                     impugned order dated 12.01.2022 is affirmed and modified to

                     the extent that the Opposite Party will bear the aforesaid cost.



                                           (Ramesh Chand Malviya, J)
Mayank/-

U


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