IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.330 of 2006 LEELA DEVI & ANR Versus LAL BAHADUR SINGH &ORS ----------- 13. 29.9.2008 Heard Mr. Sukumar Sinha, Senior Advocate for the petitioner, Mr. Shashi Shekhar Dwiwedi, Senior Advocate and Mr. Devendra Kumar Sinha, Senior Advocate for the opposite parties. In the opinion of this Court the impugned order refusing sale of the suit land confined to the share of plaintiff- petitioner during the pendency of the partition suit seems to be slightly off the target. The court below was directed by this Court in its earlier order dated 9.3.2005 in C.R. No. 1453 of 2004 to only consider this much as to whether there is a need for the plaintiff to sell the property. The previous partition being already disbelieved for a limited purpose in the earlier order of this Court in its yet another earlier order dated 18.2.2003 in C.R. no. 1686 of 2002, the court below, therefore, was only required to go into the genuine need of the plaintiff who admittedly 2 Surendra/ is an old lady and requires money for her own treatment. After marathon arguments by the three senior counsel appearing for the respective parties ultimately it has been agreed by them that this civil revision application may be disposed of with the following terms and conditions:- (a) The plaintiff can sell her share, being half of the land in plot no. 256, plot no. 93 and plot no. 94 which however, will remain subject to the final result of the partition suit. (b) In the event the plaintiff chooses to sell the property and for that purpose brings purchaser before the court below, such court will also consider the offer of the defendants and if they want to buy the suit property confined to the share of the plaintiff on the matching terms and conditions, such sale would be allowed in their favour on making down payment of consideration amount to the plaintiff in the court. If however they do not agree to purchase the same within two months from the date of receipt/production of a copy of this 3 order, the plaintiff petitioner would be at liberty to sale the share of her land to any other person. (C) In view of the fact that inordinate delay in disposal of the suit will complicate the matter, the suit itself must be disposed of within a period of six months from the date of receipt/ production of a copy of this order. In view of the consensus as recorded above between the parties the impugned order of the court below is set aside. The court below is directed to decide the issue of sale of land in the light of the aforementioned observations and directions within a period of two months from the date of receipt/ production of a copy of this order. (Mihir Kumar Jha,J.) Surendra