Patna High Court
Kalawati Devi @ Kalawati and AnrversusSunaina Devi and Anr
- Decided
- Disposal
- DISPOSED
- Bench
- RAMESH CHAND MALVIYA
Holding
The court affirmed the impugned order and modified it to require the respondents to pay Rs.10,000 in costs.
Summary
Kalawati Devi and Pabitri Devi filed a civil revision challenging the order of the Additional District Judge, Gopalganj, who had set aside a 2013 order in Miscellaneous Case No. 20 of 2005. The petitioners argued that the appellate decision should stand without cost against them. The High Court examined the record and, noting the parties' mutual consent, disposed of the revision. It affirmed the impugned order dated 06.08.2018 but modified it by directing the respondents to deposit Rs.10,000 as costs within four weeks. The cost amount is to be handed over to the petitioners. The matter was thus concluded without further litigation.
Issues considered
- Whether the order of the Additional District Judge in the civil revision should be affirmed or set aside
- Whether the respondents should bear the cost of Rs.10,000
Subjects
- civil revision
- cost allocation
- order modification
- mutual consent
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CIVIL REVISION No.169 of 2018
======================================================
1. Kalawati Devi @ Kalawati and Anr Daughter of Late Jhulan Pandey
Resident of Village- Amwa, P.O- Babutola, P.S- Khukhund, District- Deoria,
U.P, At present Village- Babhani, P.o and P.S- Kateya, District- Gopalganj
2. Pabitri Devi @ Pabitri , W/O Sri Paras Pandey Daughter of Late Jhulan
Pandey Resident of Village- Amwa, P.O- Babutola, P.S- Khukhund, District-
Deoria, U.P, At present Village- Babhani, P.o and P.S- Kateya, District-
Gopalganj
... ... Petitioner/s
Versus
1. Sunaina Devi and Anr D/O late Jhulan Pandey Resident of village-
Laxmipur, P.O- Fajilnagar, P.S- Pathewawan, District- Kushinag, U.P
2. Subhawati Kumari D/O late Jhulan Pandey Resident of village- Babhani,
P.O and P.S- Kateya, District- Gopalganj, At present Laxmipur, P.S-
Patherwa, P.O- Fajilnagar, District- Kushinagar, U.P.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ranjan Kumar Dubey, Advocate
Mr. Shashank Kashyap, Advocate
Mr. Kumar Gaurav, Advocate
Mr. Ishiqua Raj, Advocate
For the Respondent No. 1 and 2 : Mr. Sumit Shekhar Pandey, Advocate
Mr. Aman Kumar, Advocate
Mr. Masoom Raza, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND
MALVIYA
ORAL ORDER
8 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 Additional District Judge-IInd, Gopalganj in
Miscellaneous Appeal No. 13 of 2013 has allowed the said
appeal after setting aside the order dated 24.07.2013 passed in
Miscellaneous Case No. 20 of 2005 without any cost upon the
Patna High Court C.R. No.169 of 2018(8) dt.10-02-2026
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Opposite Party.
3. On perusal of materials available on record and
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 06.08.2018 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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