IN THE HIGH COURT OF JUDICATURE AT PATNA
C.R. No.1518 of 2007
SUBHASH PRASAD MEHTA
Versus
JAY NARAYAN MAHTO
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10/ 16-12-2010 Though question of maintainability of the present
civil revision application has been placed for consideration
by this Court, but in view of nature of controversy between
the petitioner and sole opposite party, it would be
appropriate that question of maintainability is considered
in presence of the opposite party.
Mr. Rajendra Prasad, learned Senior counsel
appearing on behalf of the petitioner submits that Lunacy
Case No. 206 of 1996 was filed by the opposite party with a
prayer that he should be appointed as a guardian of one
Krishna Mahto, a lunatic . The Opposite party is said to be
the uncle of aforesaid Krishna Mahto (lunatic). The
petitioner claims to be cousin of aforesaid Krishna Mahto.
Aforesaid Lunacy Case No. 206 of 1996 was decided by a
judgment and decree dated 25.02.2006 and opposite party
was appointed as a guardian of the aforesaid lunatic. The
petitioner has filed a First Appeal bearing F.A. No. 78 of
2006 before this Court, which is still pending. In the
meantime, the aforesaid Krishna Mahto, lunatic, has died
on 16.07.2009. Thus, it appears that the whole dispute
regarding guardianship has come to an end. Only dispute
would be as to who would be the legal heir and
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representative of the aforesaid Krishna Mahto. The
grievance of the petitioner is that by virtue of the aforesaid
previous judgment and decree, the opposite party is
mismanaging the property and is making preparation for
alienating certain properties.
In the aforesaid circumstances, issue notice to
sole opposite party in admission matter for which requisite
etc. must be filed by ordinary process as well as registered
post with A/D, within a week failing which this application
shall stand rejected without further reference to a Bench.
The question of maintainability of the present
civil revision application shall be taken up either on service
of notice or on appearance of opposite party, whichever is
earlier.
During the pendency of the present application,
the parties shall maintain status quo with respect to
properties belonging to aforesaid Krishna Mahto (lunatic),
who is said to be now dead.
( Birendra Prasad Verma, J.)
BTiwary/