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
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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
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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/-