High Court Patna High Court - Orders

Rameshwar Ram vs Phuljhariya Devi @ Sahagi Devi on 26 August, 2011

Patna High Court – Orders
Rameshwar Ram vs Phuljhariya Devi @ Sahagi Devi on 26 August, 2011
                             IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  Civil Writ Jurisdiction Case No.19857 of 2010
                          Rameshwar Ram S/O Ganesh Ram R/O Vill.- Maura, Barahrup,
                          P.S.- Bhagwanpur, P.O.- Barishpur, Distt.- Vaishali

                                                   Versus
                   1.    Phuljhariya Devi @ Sahagi Devi D/O Late Chalitar Ram, W/O
                         Ganesh Ram R/O Vill.- Barahrup, P.O.- Barishpur, P.S.-
                         Bhagwanpur, Distt.- Vaishali
                   2.    Ramesh Ram S/O Ganesh Ram R/O Vill.- Barahrup, P.O.-
                         Barishpur, P.S.- Bhagwanpur, Distt.- Vaishali
                   3.    Meena Devi D/O Ganesh Ram, W/O Naresh Kumar Ram R/O
                         Vill.- Khilwat, P.S.- Bidupur, Distt.- Vaishali
                   4.    Veena Devi D/O Ganesh Ram, W/O Kamleshwar Das R/O Vill.-
                         Daulatpur, P.S.- Sadar, Hajipur, Distt.- Vaishali
                   5.    Ranju Devi @ Puja Kumari D/O Ganesh Ram, W/O Shiv Prasad
                         Ram R/O Vill.- Mahua, P.S.- Bidupur, Distt.- Vaishali
                   6.     Sanju Devi D/O Ganesh Ram, W/O Indradeo Das R/O Vill.-
                         Mahnar, P.S.- Mahnar, Distt.- Vaishali
                   7.    Ganesh Ram S/O Late Damari Ram R/O Vill.- Barahrup, P.S.-
                         Bhagwanpur, Distt.- Vaishali
                   8.    Mulia Kuar W/O Late Fatinga Ram R/O Vill.- Bakhara Bujurg,
                         P.S.- Bhagwanpur, Distt.- Vaishali
                   9.    Uma Devi W/O Kamal Ram R/O Vill.- Mangarpur, Tana, P.S.-
                         Bhagwanpur, Distt.- Vaishali

                                             ---------------------------

02/ 26.08.2011 Heard Mr. Bhubneshwar Prasad, learned counsel

appearing on behalf of the petitioner.

The writ petition has been filed for quashing the order

dated 1.9.2010 passed by the learned Sub Judge-4, Hajipur in Title

Suit No 7 of 2005.

The petitioner is the plaintiff before the court below and

has filed the Title Suit in question seeking declaration that the

defendant-respondent no. 1, Phuljhariya Devi @ Suhagia Devi

whom he claims to be the second wife of the defendant-respondent

no. 7 Ganesh Ram, is not Sundari Devi @ Sundeshwari Devi and

that the properties mentioned in schedule-2 of the plaint do not
2

belong to the defendant-respondent no. 1 and that the sale deeds

dated 16.2.2004 and 21.1.2004 executed by the defendant-

respondent no. 1 impersonating as Sundari Devi @ Sundeshwari

Devi in favour of the defendants-respondents third set be declared

null and void.

It so appears that during the pendency of the

proceedings an application came to be filed by a person claiming

herself to be Sundari Devi @ Sundeshwari Devi whom the

petitioner claims to be the first wife of the defendant-respondent no.

7 and since expired in 1987, seeking to be heard in the suit. As

there appeared to be a contest as to whether or not Sundari Devi @

Sundeshwari Devi, the first wife of defendant-respondent no. 7 is

alive, the learned court below by the impugned order dated

1.9.2010 has accepted the petition so filed and has rejected the

contention of the petitioner.

I find no infirmity with the order passed by the learned

court below. The writ petition is dismissed.

(Jyoti Saran, J.)
S.Sb/-