IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.1686 of 2011 In Civil Writ Jurisdiction Case No. 8122 of 2010 With Interlocutory Application No. 7763 of 2011 In Letters Patent Appeal No.1686 of 2011 ====================================================== 1. Bhikhari Sah, S/o Late Suraj Sah, R/o Village- Nimej, P.O.- Nimej, P.S.- Brahampur, District- Buxar. 2. Sri Krishna Sah, S/o Late Basudeo Sah, R/o Village- Nimej, P.O.- Nimej, P.S.- Brahmpur, District- Buxar. 3. Chhotak Sah, S/o Late Bishnu Sah, R/o Village and P.O.- Nimej, P.S.- Brahampur, District- Buxar .... .... Respondents/Appellants Versus 1. The State of Bihar 2. The Director, Consolidation, Bihar, Patna …. …. Respondents-Respondents 1st Set 3. Parshu Ram Sah, Manager, Kankubj Vishashya Dharamshala, Brahmpur, Chaurasta, P.S. and P.O.- Brahmpur, District- Buxar. …. …. Petitioner- Respondent 2nd Set 4. Ram Kishun Sah, S/o Late Basudeo Sah, R/o Village and P.O.- Nimej, P.S.- Brahmpur, District- Buxar. 5. Hira Lal Sah, S/o Late Bishnu Sah, R/o Village and P.O.- Nimej, P.S.- Brahmpur, District- Buxar. 6. Shambhu Sah, S/o Late Bishnu Sah, R/o Village and P.O.- Nimej, P.S.- Brahmpur, District- Buxar. 7. Baij Nath Sah, S/o Shashi Dhar Sah, R/o Village and P.O.- Nimej, P.S.- Brahmpur, District- Buxar. 8. Bikrama Sah, S/o Shashi Dhar Sah, R/o Village and P.O.- Nimej, P.S.- Brahmpur, District- Buxar. .... .... Respondents-Respondents 3rd Set ====================================================== Patna High Court LPA No.1686 of 2011 (2) dt.17-11-2011 2 / 3 2 Appearance : For the Appellants : Mr. Hari Shankar Roy, Advocate For the Respondents : Mr. Sanjay Kumar Singh, A.C. to S.C.-23 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 2. 17-11-2011 Interlocutory Application No. 7763 of 2011: This application under Section 5 of the Limitation Act is filed by the appellants for condonation of delay of one year 85 days occurred in filing the Letters Patent Appeal. It is the case of the appellants that though they were party to the writ petition, writ petition was disposed of without issuing notice to the appellants. The appellants were, therefore, not aware of the impugned order. The delay in filing the Appeal has occurred for the reasons beyond the control of the appellants. On the facts and in the circumstances of the case, the delay is condoned. Interlocutory Application stands disposed of. Letters Patent Appeal No.1686 of 2011: This Appeal under Clause 10 of the Letters Patent is preferred by three of the respondents against the order dated 25th June 2010 made by the learned single Judge in above C.W.J.C. No. 8122 of 2010. Learned advocate Mr. Hari Shankar Roy has appeared for the appellants. He has submitted that the grievance of the appellants is confined to the observations made by the learned single Judge, “The court hearing the title suit should apply its Patna High Court LPA No.1686 of 2011 (2) dt.17-11-2011 3 / 3 3 independent mind and not be prejudiced or influenced by the order passed in favour of respondent 2nd set in Revision Case No.205/2008.” Mr. Roy has submitted that the dispute arises in respect of an oral gift allegedly made by the appellants in favour of the Kanu Samaj for religious purposes. The subject matter is at large before the civil court in Title Suit No.193/2005 pending before the Sub Judge-I, Buxar. He has submitted that the prejudice is caused to the rights of the appellants-defendants in the pending suit on account of the aforesaid observation made by the learned single Judge. We are of the opinion that in absence of the respondents, the present appellants, the learned single Judge should not have made the impugned observation. Undoubtedly, the civil court is required to decide the suit pending before it in accordance with law keeping in view the evidence on record. As we see no real prejudice caused to the appellants, the Appeal is dismissed in limine. Pawan/- (R.M. Doshit, CJ) (Birendra Prasad Verma, J)