IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6331 of 2009 VIKASH RANJAN son of late Jagannath Sahay, resident of Jaganath Tower, Mohalla- Mukhatarttoli, Nala Road (R.K.Avenue), P.S. Kadamkuan, District-Patna. Versus 1. LIFE INSURANCE CORPN.OF INDIA established under life Insurance Corporation Act, 1956 being its registered Central Office of “YOGA CHHEMA”, Jeevan Bima Marg , Mumbai and its one of the Divisional Office at „JEEWAN PRAKASH „ Mazharul Haque Path, Frazer Road, Kotwali, District-Patna. 2.The Divisional Manager, Life Insurance Corporation of India Divisional Office, at Jeevan Deepm , Majaharul Haque Patha, Frazer Road,Patna-800001. 3. The Recovery Officer, Debt Recovery Tribunal ,Patna East Boring Canal Road, Patna. ----------- For the Petitioner : Mr. Mrigank Mauli For the Respondents: Mr.Umesh Pd. Singh,Sr.Adv. Mr.Rajeev Ranjan Prasad. 2 20.5.09 In my view, the writ petition is misconceived. If Petitioner is a debtor against whom decree has been passe by the Debt Recovery Tribunal, the decree being enforced against th property which is joint family property, all members of joint property a judgment debtors. Their sister who has moved the Recovery Officer and th Recovery Officer has held that her share could not be sold , she is fightin her own battle. Petitioner cannot be aggrieved by the order of the Recove Officer inasmuch as it is his share which is being sold. If petitioner wan ascertainment of his share in the joint family property, it is always open him to seek Partition Suit in accordance with law and then raise an objection that he may be advised. Certainly this writ petition does not for the relief, as sought for. The writ petition is accordingly dismissed. singh (Navaniti Prasad Singh, J.) - 2 -