IN THE HIGH COURT OF JUDICATURE AT PATNA
FA No.48 of 2005
HARI PRASAD & ORS
Versus
RAMANAND PRASAD & ORS
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23. 27.10.2010 Heard learned counsel for the parties on
Interlocutory Application No. 4961 of 2010.
This interlocutory application has been filed on
behalf of the respondent No.3 seeking permission to sell
some of the property allotted in her share for raising fund,
because she is suffering from cancer and also to repay the
loan taken at the time of marriage of her daughter. It
appears that the partition suit has been filed by the plaintiff-
respondent in the court below which was decreed. The
defendant Nos. 1 and 2 have filed this first appeal
challenging the impugned judgment and decree.
A supplementary affidavit has been filed annexing
the order passed by the court below in final decree
proceedings. From perusal of the order dated 17.5.2010
annexed as Annexure-5 to the supplementary, it appears that
the respondent No.3 who was defendant No.5 in the court
below conceded to the objection of the appellant as well as
the plaintiff-respondent to the fact that 11 1/9 share should
be allotted to her subject to the result of the appeal pending
before this Court. The defendant No.5, respondent No.3
herein, also filed application stating that instead of allotting
house and shops the agricultural land may be allotted in her
2
share and Raibandi was filed by her in the court below which
was never objected either by the plaintiff or by the defendant
Nos. 1 to 4 and, therefore, by terms of order dated
17.5.2010 the court below directed the pleader commissioner
to allot the lands given by the defendant No.5 in her Raibandi
Takhta of the defendant No.5. Accordingly, the pleader
commissioner in the report annexed as Annexure 6 to the
supplementary affidavit allotted the agricultural lands in
Takhta of defendant No.5 with consent of the plaintiff as well
as other defendants. So far allotment of lands in Takhta of
defendant No.5 is concerned, no objection is raised by any of
the parties.
In such view of the matter, considering the fact
that the defendant No. 5-respondent No.3 is in dire need of
money, she is permitted to sell the land allotted in her share
as mentioned in detail in Annexure 6 i.e. the pleader
commissioner’s report only. However, this sale will be subject
to the result of the appeal.
The Interlocutory Application No. 4961 of 2010
stands allowed.
( Mungeshwar Sahoo, J.)
S.S.