High Court Patna High Court - Orders

Laxmi Goshwami vs Hanuman Bazoriya &Amp; Ors on 22 November, 2010

Patna High Court – Orders
Laxmi Goshwami vs Hanuman Bazoriya &Amp; Ors on 22 November, 2010
               IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  SA No.315 of 2009
                                 LAXMI GOSHWAMI
                                           Versus
                           HANUMAN BAZORIYA & ORS
                    For the Appellant: Mr. T.N. Matin, Sr. Advocate,
                                       Mr. Rajeev Kumar Sinha, Advocate
                   For Respondent Nos. 1 & 2: Mr. D.K. Sinha, Sr. Advocate,
                                            Mr. Anil Kumar No. 1, Advocate
                                     ....

6 22.11.2010 Heard learned counsel for the appellant and

respondent nos. 1 and 2.

This appeal will be heard. Admit.

Following substantial question of law arises for

consideration in the instant second appeal:-

(i) Whether the courts below were
correct in holding that there had
been partition in the family of the
plaintiff in the manner that
Sitamarhi property was allotted to
Ghasi Ram Bajoriya and Laxman
Garha in Rajasthan property was
allotted to Ram Ballam Bajoriya on
the basis of the circumstance and
Ext. 6, which is a compromise
petition dated 01.05.2003, i.e. after
the date of execution of the sale
deeds.?

Issue appeal notice to the respondents except

respondent nos. 1 and 2, for whom Mr. Anil Kumar No. 1,
2

learned counsel, accepts notice, under ordinary process on

talbana etc. being filed within two weeks, failing which, this

appeal shall stand dismissed as against the concerned

respondents without further reference to a Bench.

Call for the lower court records.

SC                                  (Dr. Ravi Ranjan, J.)