Sri Prakash @ Shree Prakash vs Arun Kumar Ashana on 1 July, 2025

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passed by learned District Judge, Sheohar in LA

Case No. 21 of 2004, whereby and whereunder the learned trial

court rejected the petition filed by the petitioner under Order 1

Rule 10(2) of the Code of Civil Procedure (in short ‘the Code’).

2. Shorn of unnecessary details, the facts of the case

are that the respondent nos. 1 and 2 filed one LA Case No. 21 of

2004 for granting Letters of Administration in their favour with
Patna High Court C.Misc. No.1095 of 2024 dt.01-07-2025

respect to land bearing S.P. No. 683 under Khata No. 71 area 72

decimals. The aforesaid LA case has been filed on the basis of

an unregistered Will dated 17.09.2000 executed by testator

Most. Lalit Kishori Devi. The testator was the wife of one

Krishna Prasad and her sisters-in-law are Manoranjan Devi and

Sarojan Devi and Manoranjan Devi is one of the objectors in the

LA case. The father of the petitioner purchased the aforesaid suit

land from Manoranjan Devi and got it mutated his name and

started paying rent to the Govt. of Bihar. The father of the

petitioner died in the year 2022 and thereafter the property was

partitioned amongst the brothers of the petitioner and the suit

property came into share of the petitioner. The petitioner, who is

a Central Government employee, filed an application under

Order 1 Rule 10(2) of the Code for being impleaded as a party

in the aforesaid LA case. The applicants/respondents nos. 1 and

2 filed their objection. The learned trial court, after hearing the

parties, dismissed the petition of the intervenor and the said

order is under challenge before this Court.



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