executed by Indrawati Devi W/o Ghurahu Pandey in
Patna High Court C.Misc. No.223 of 2017 dt.31-07-2025
faovur of Ravi Kant Tiwary and Manish Tiwari as void
documents because no permission has been taken from the
Consolidation Authority prior to the execution of sale deeds.
The plaintiff claimed that the family property was joint and no
partition took place. The suit property originally belonged to
one Makhan Pandey who had four sons namely Ghurahu
Pandey, Haribansh Pandey, Yadubansh Pandey and Lalji Pandey
@ Lal Bahadur Pandey. Indrawati Devi is the wife of Ghurahu
Pandey. The petitioner claims that an oral partition took place in
1996 between four brothers by metes and bounds. The brothers
and their descendants sold the land falling in their shares from
time to time by executing sale deeds in the name of different
persons. After issuance of notice, the defendant no. 15, the
present petitioner, defendant nos. 1, 11 and 17 put their
appearance and filed their common written statement on
29.03.2016 contesting the claim of the plaintiff. During the
pendency of the suit, the petitioner/defendant no. 15, defendant
nos. 1, 11 and 17 filed an application dated 16.09.2016 under
Section 4(B) {sic.} of the Consolidation Act read with Order 7
Rule 11 of the Code praying for rejection of the plaint. The
plaintiff/respondent no. 1 has filed a reply dated 22.09.2016 to
the application dated 16.09.2016 and opposed the prayer of the
Patna High Court C.Misc. No.223 of 2017 dt.31-07-2025
defendants. The learned trial court vide order dated 17.11.2016,
rejected the petition dated 16.09.2016 filed by the petitioner and
others. This order is under challenge before this Court.