Doman Kumhar and ors Vs. Punit Kumhar and ors - Court Judgment

IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(C) No. 465 o”

1. Doman Kumhar 2. Prem Prajapati 3. Kamal Kumhar 4. Basudeo Kumhar 5. Rameshwar Prajapati 6. Sukar Prajapati 7. Jageshwar Prajapati 8. Bigan Prajapati 9. Nanhu Kumhar .........Petitioners Vs.

1. Punit Kumhar 2. Payman Kumhar 3. Jagdish Kumhar 4. Khirodhar Kumhar 5. Khemjit Kumhar 6. Dropadi Devi 7. Moungu Devi ........Respondents CORAM: HON'BLE MR. JUSTICE PRASHANT KUMAR For the Petitioners: Mr. Vishal Kumar Tiwari For the Respondents: Mr. P.C. Roy 8/20.08.2013: This application has been filed for quashing the order dated 12.11.2008 passed in Partition Suit No. 75 of 1975 pending in the court of learned Sub- Judge-1, Hazaribagh, whereby and whereunder he rejected the application of the petitioners(defendants) whereby they prayed that they may be permitted to deposit the cost of Pleader Commissioner so that their share also demarcated by the Pleader Commissioner as per the preliminary decree. From perusal of impugned order, I find that the learned court below has concluded that there is no need for depositing extra money towards the cost of Pleader Commissioner because he has already directed the plaintiff to deposit the fee of Pleader Commissioner. Sri P.C. Roy, learned counsel appearing for the plaintiff- respondents submits that plaintiff has deposited that amount. It further appears from the impugned order that learned court below has directed the Pleader Commissioner to prepare the Takhta of all the parties according to the preliminary decree. In view of aforesaid direction, I find no illegality or irregularity in the impugned order which requires any interference by this Court. However, I direct the court below as well as the Pleader Commissioner to expedite the demarcation of the suit plot as per the preliminary decree, preferably within three months from today. With the aforesaid directions and observations, this writ application is disposed of. ( Prashant Kumar,J.) Sharda/-