IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.110 of 2009 GOPAL PRASAD SAH Versus RANJEET SAH & ORS ----------- 5. 01/05/2009 Heard learned counsel for the petitioner. By the impugned order dated 4.12.2008 passed by learned Sub-Judge-I, Katihar in Title Suit No.46/96, petition of the plaintiff- petitioner for permission to sell 15 kathas of land has been rejected. Learned counsel for the petitioner submits that earlier permission was granted by the court below by order dated 17.7.2000 to defendant no.3 to sell some land from the joint family property and it was observed that the areas of the land, permitted to defendant no.3 to sell, would be deducted from his share from the joint family property after takhtabandi in the partition suit. Learned counsel for the petitioner also submits that the plaintiff- petitioner is also ready for such a condition for permitting him to sell the required land for marriage of his daughter. He further submits that there was no objection by any party to his petition, therefore, learned court below was required to consider the same on merits and in - 2 - view of the earlier approach of learned court below in the matter of petition of defendant no.3. From the impugned order, it appears that learned court below has not assigned any reason for rejecting the said petition of the plaintiff except giving an impression that it will not be in the interest of justice. In the circumstances, since the defendants have not filed any objection to the said petition of the plaintiff in the court below, order dated 4.12.2008 is set aside and the matter is remitted back to the learned court below for hearing the parties on the petition dated 15.5.2008 of the plaintiff petitioner and to pass appropriate reasoned orders on the same in accordance with law. With the above observations and directions, this revision application is disposed of. Pradeep/ (J. N. Singh, J.)