Patna High Court

Nirja YadavversusDheeraj kumar

Decided: 16 January 2026
Disposal: DISMISSED
Bench: HARISH KUMAR

Holding

The application for transfer of the partition suit was dismissed.

Summary

The petitioner, Nirja Yadav, filed an application seeking transfer of a partition suit (No. 536 of 2012) from the Sub Judge‑I, Civil Court, Patna to a Civil Court in Bhagalpur, citing her severe medical ailments and the death of her mother, who was not impleaded. The petitioner submitted a medical certificate to support her inability to attend proceedings. The court noted that the partition suit had been pending since 2012, with evidence already recorded and parties residing in Nalanda and Nawada. Considering the long‑standing nature of the suit and the procedural stage, the court declined to order a transfer. The application was dismissed, with a direction that the court hearing the suit should expedite the matter.

Issues considered

Whether the partition suit should be transferred to another court on account of the petitioner's medical disability and the death of a party.

Subjects

transfer of suit
partition suit
medical disability
jurisdiction
civil procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Miscellaneous Jurisdiction Case No.3078 of 2025
                 ======================================================
                 Nirja Yadav Wife of Dr. Birendra Yadav, Resident of Mukhti Vidyalaya Lane,
                 Near Tilka Manjhi Chowk, P.S.- Barari, P.O.- Ghantaghar, Town and District-
                 Bhagalpur at present habitant of Naveen Chandra Gangali Road, Badgachh
                 Chowk Badi Khanjarpur, Post Khanjarpur, P.S. Barari, District- Bhagalpur.
                                                                            ... ... Petitioner/s
                                                     Versus
           1.     Dheeraj kumar S/o Late Kapildeo Singh, Resident of Mahrogoriya, P.S.-
                  Islampur, District- Nalanda. at present residing at Bari Milki Gandhi Tola
                  P.S.- Rajgir, District- Nalanda.
           2.    Smt. Geeta Devi, W/O Late Kapildeo Singh, Resident of Mahorgoriya, P.S.
                 Islampur, District Nalanda at present residing at Bari Milki Ganditoloa,
                 Rajgir, P.S. Rajgir District Nalanda.
           3.    Vaibhav Raj Construction Pvt. Ltd., Registered Office Pathan English, P.O.-
                 Odhanpur, P.S.- Muffasil, District Nawada, Bihar through its director Vibha
                 Devi, W/O Rajballabh Prasad.
           4.    Eklabhaya Kumar, S/O Rajballabh Prasad, R/O Pathra English, P.O.-
                 Odhanpur, P.S.- Muffasil, District- Nawada.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr.Rakesh Kumar Shrivastava
                 For the Opposite Party/s :     Mr.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

2   16-01-2026                  Application has been filed for transfer of Title

                   Partition Suit No. 536 of 2012 from the court of Sub Judge-I,

                   Civil Court, Patna to any competent judgeship of the Civil

                   Court, Bhagalpur.

                                2. Learned Advocate for the petitioner while pressing

                   the application submitted that Defendant No. 1, Rampayari Devi

                   is the mother of the petitioner and she died on 07.08.2022,

                   hence she has not been impleaded in the present case. It is

                   further contended that Title Partition Suit No. 536 of 2012 has

                   been filed for partition of scheduled land/property situated in the

                   different districts, including the districts of Nalanda, Bhagalpur
           Patna High Court MJC No.3078 of 2025(2) dt.16-01-2026
                                                       2/2




                     and Patna. Since the petitioner is a woman, facing severe

                     medical ailments; suffering from Rheumatoid Arthritis leading

                     to back and cervical pain as well as osteoporosis which led to

                     difficulty in standing and prolonged walking, she is unable to

                     attend the court proceeding. To support the aforesaid contention,

                     medical certificate has been placed on record as Annexure-P/2.

                                  3. Having considered the submissions advanced by

                     the learned Advocate for the petitioner and taking note of the

                     admitted position that the title partition suit was filed way back

                     in the year 2012 and proceedings have been continuing since

                     long, even from a decade before and it has also been apprised

                     that evidences of the witnesses have already been recorded and

                     the other stakeholders are also residing in the districts of

                     Nalanda and Nawada, this Court is not acceded to the prayer of

                     the petitioner for transfer of Title Partition Suit No. 536 of

                     2012.

                                  4. Accordingly, MJC No. 3078 of 2025 stands

                     dismissed. However, it is expected that the learned court, in

                     seisin, shall expedite the matter.



                                                        (Harish Kumar, J)

Anjani/-
U

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