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IN THE COURT OF CIVIL JUDGE SENIOR DIVISION-

Bermo at Tenughat, District- Bokaro

Original partition Suit No. ………………. /2023

Khagpat Mahto s/o. Late Govind Mahto, by faith-Hindu,


by occupation, by occupation-cultivator R/o. village Dhori,
P.S. – Bermo District- Bokaro (Jharkhand),
Aadhaar No. 8921 7085 9182 ….Plaintiff
Versus
1. Piyari Devi W/o. Late Punit Mahto
By faith- Hindu, by occupation- Cultivator, R/o- Dhori,
P.S- Bermo, District – Bokaro
(Jharkhand) – 825102
2. Most. Charki Devi W/o- Late Somar Mahto
3. Bhim Mahto s/o. Late Somar Mahto
4. Savitri Devi W/o- Late Dilu Mahto
5. Dinu Mahto s/o. Late Dilu Mahto
6. Teklal Mahto s/o. Late DIlu Mahto
2 to 6 All by faith-Hindu, by occupation, by occupation-
cultivator R/o. village Kanjkiro Basti, Partand, P.S. – Nawadih,
District- Bokaro (Jharkhand) – 829107.
7. Mithlesh Mahto s/o. Late Dayal Mahto
8. Dwarika Mahto S/o. Late Dayal Mahto
9. Shiva Mahto s/o. Late Loknath Mahto

..2..
10. Suresh Mahto S/o- Late Loknath Mahto
11. Manoj Mahto S/o- Late Loknath Mahto
12. Prakash Mahto S/o- Late Loknath Mahto
13. Shristi Mahto S/o- Late Loknath Mahto
14. Mithlesh Mahto S/o- Late Loknath Mahto
7 to 14 all by faith-Hindu, by occupation, by occupation-
cultivator R/o Village- Manjhlitand Post- Birni, P.S. – Nawadih
District- Bokaro (Jharkhand).
15. Khedni Devi wife of Baldeo Mahto D/o- Dayal Mahto
Resident of village- Tilayatand, Post- Bhendra,
P.S- Nawadih, District- Bokaro (Jharkhand) – 829144
16. Suchitra Devi W/o- Nandlal Mahto
Resident of Govindpur, Bokaro Thermal, District- Bokaro
(Jharkhand) – 829107
17. Deventi Devi D/o- Late Loknath Mahto, W/o- Baleshwar
Mahto Resident of village- Chaingarha, Barkakana,
District- Ramgarh (Jharkhand) – 829103
18. Radhika Devi D/o- Late Loknath Mahto, W/o- Tarkeshwar
Mahto, Resident of village- Kumardagga, Post- Ramgarh,
District- Ramgarh (Jharkhand) – 829144
19. Rameshwar Mahto Son of Late Thakur Mahto
20. Mohan Mahto Son of Late Govind Mahto
21. Sohan Mahto son of Late Govind Mahto
22. Mahadeo Mahto son of Late Kalicharan Mahto
19 to 22 Resident of Bhedmukka (Dhori) P.S- Bermo, District-
Bokaro (Jharkhand) – 829144
……….. Defendants.

..3..

23. Gopal Mahto son of Late Jhari Mahto


24. Binod Kumar Mahto Son of Late Jhari Mahto
23 and 24 Both Resident of Village and post - Dhori P.S.-
Bermo Dist. Bokaro(Jharkhand) – 825102.
25. Sunita Devi w/o. Rajesh Mahto
R/o. KasmaKura post- Jamtana p.s. – Dumari,
Dist- Giridih (Jharkhand) – 825106
26. Rekha Devi w/o. Awadh Kishore Mahto
R/o- Dhori Basti, Sotardih, P.S- Bermo,
District- Bokaro (Jharkhand) – 825102
27. Khemlal Mahto S/o. Late Jailal Mahto (Badhan Mahto)
R/o- Dhori, Post- Dhori, P.S- Bermo
District- Bokaro (Jharkhand) – 825102
28. Koshalya Devi w/o. Late Jhari Mahto,
D/o. Late Jailal Mahto (Badhan Mahto)
R/o- Ward No. 03, Karo Basti, Bermo, Bokaro
(Jharkhand) – 829104
29. Kalawati Devi D/o- Jailal Mahto (Badhan Mahto),
W/o- Laldhari Mahto R/o- Nashiya, Fatehpur,
Bokaro (Jharkhand) – 828903
30. Umesh Mahto s/o. Hulas Mahto
31. Antu Mahto S/o. Hulas Mahto
32. Sanicharya Devi D/o. Hulas Mahto
33. Gita Devi D/o. Hulas Mahto
30 to 33 all Resident of village+post Chirudih
P.S. Nawadih District- Bokaro (Jharkhand) – 829144

..4..

34. Sandeep Kumar s/o. Sri Shyam Sunder


R/o. Dhori. Post – Dhori P.S. Bermo,
District – Bokaro (Jharkhand) – 825102
35. Asha Devi D/o. Late Gobind Mahto R/o. Village- Birni
Post- Birni P.S. – Nawadih,
District- Bokaro (Jharkhand) – 829144
36. Panwa devi W/o. Late Jhari Mahto
37. Shanti Devi D/o. Gunja Mahto
Both Resident of village- Dhori, P.S.- Bermo, District-
Bokaro (Jharkhand) – 825102
…………. Performa Defendants.

The plaintiff begs to state and


submit as follows –

1. That, the suit land under Khata no. 83 measuring an area


25.77 Acres under various (67) Plots situated at village-
Dhori, P.S- Bermo District- Bokaro which has been fully
described in schedule “A” of the plaint has been recorded in
the name of Jodhwa son of Uttma Kurmi, one share Tekwa
son of Khemna kurmi, one share, Karma and Churwa son of
Gunawa Kurmi one share during the last cadastral survey
operation.
2. That, the recorded tenant Jodhwa and Tekwa being an
issueless given their entire share of the land fully described
in Schedule “A” of the plaint to the Churwa Kurmi during

..5..

their lifetime and they put the Churwa kurmi in Khas


possession over their share and executed an Unregistered
Deed of Gift in favour of the Churwa Kurmi on 15.03.1926
for the land measuring an Area 17.11 Acres which is the
part and partial of the suit land.

3. That, thereafter Jodhwa Kurmi and Tekwa Kurmi died


issueless. Churwa kurmi remain in cultivating possession
over the share of Jodhwa and Tekwa Kurmi along with his
own share.

4. That, Karma Kurmi and Churwa Kurmi jointly sold part


and partial of the land fully described in schedule “A” of
the plaint to one Lalman Mahto which has been morefully
decribed in item no. I of the Schedule “B” of the plaint.

5. That, Karma Kurmi alone sold some land to the Ratan Pal,
Baijnath Saw and Sontobala Devi under Khata No. 83 plot
no. 2479 measuring an area 14 Decimals, 06 Decimals and
04 Decimals respectively of the said village Dhori which
has been fully described item no. II of schedule “B” of the
plaint.
6. That, Karma Kurmi died leaving behind his two sons
namely Punit Mahto and Lalchand Mahto, and two
daughters namely Bhuliya Devi and Laliya Devi who
inherited and succeeded their father Karma Kurmi and they
came in Joint possession of the remaining share of their
decreased father.

..6..

7. That, Punit Mahto also died leaving behind his widow


Piyari Devi who inherited and succeeded her husband
without partition by meets and bounds and Lalchand Mahto
died issueless.

8. That, Bhuliya Devi died leaving behind two sons namely


Somar Mahto and Dilu Mahto and a daughter Lalita Devi
who has inherited and succeeded their father and came in
Joint Possession over the share of his father without
partition by meets and bounds who is defendants.

9. That, Dilu Mahto also died leaving behind two sons


namely, Dinu Mahto and Teklal Mahto who inherited and
succeeded their father and came in Joint possession over the
share of Dinu Mahto without Partition by meets and bounds
who are defendants of suit.

10. That, Laliya Devi also died leaving behind her three sons
namely, Loknath Mahto, Mithlesh Mahto and Dwarika
Mahto and one daughter Khedni Devi who inherited and
succeeded their mother and came in Joint cultivating
possession over the suit land and fully described in
Schedule “A” of this Plaint with other co-sharer without
partition by meets and bounds.

11. That, Churwa Kurmi died leaving behind his five sons
namely, Barhan Mahto, Jailal Mahto (Badhan Mahto),
Govind Mahto, Gujar Mahto and Inder Mahto who
inherited and succeeded their

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father Churwa Kurmi and came in joint cultivating
possession over the entire share of their father with the
other co-sharer over the suit land without partition by meets
and bounds.

12. That, Barhan Mahto and Inder Mahto died issueless and
Jailal Mahto (Badhan Mahto) also died leaving behind his
son namely Khemlal Mahto and three daughter namely
Koshalaya Devi, Ledni Devi and Kalawati Devi who
inherited and succeeded their father Jailal Mahto (Badhan
Mahto), they came in joint possession over the suit land
with other co-sharer without partition by meets and bounds
who are Performa defendants.

13. That, Ledni Devi also died leaving behind her two sons
namely Umesha Mahto and Antu Mahto and two daughters
namely Shanicharya Devi and Geeta Devi who inherited
and succeeded their mother Ledni Devi and came in joint
possession over the suit land with the other co-sharer
without partition by meets and bounds who are Performa
defendants of the suit.

14. That, Govind Mahto died leaving behind his two sons
namely Shyam Sunder Mahto and Khagpat Mahto and a
daughter Asha Devi who inherited and succeeded their
father Govind Mahto and came in joint possession over the
suit land with the other co-sharer without partition by meets
and bounds. It is worth to mention here that Shyamsunder
Mahto

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is an unsound mind thus represented through his only son
Sandeep Kumar who is Performa defendants in the suit.

15. That, Gunja Mahto died leaving behind his two sons
namely Jhari Mahto and Bhim Mahto and a daughter
namely Shanti Devi who inherited and succeeded their
father Gunja Mahto and came in join possession over the
suit land with the other co-sharer without partition by meets
and bounds who are
Performa defendants In this suit. It is also pertinent to
mention here that Bhim Mahto died issuless & aforesaid
descendants of recorded. Tanant have been clarified in
Geonological Table given in foot of this plaint.

16. That, Jhari Mahto also died leaving behind his two sons
namely Gopal Mahto and Binod Mahto and two daughters
namely Sunita Devi and Rekha Devi who inherited and
succeeded their father Jhari Mahto and came in Joint
Possession over the suit land with the other co-sharers
without partition by metes and bounds.

17. That, the plaintiff, defendants and performa defendants are


Hindu and they governed by the Mitakchara School of
Hindu Law.

18. That, the plaintiff, defendants and Performa defendants are


in joint possession over the suit land as per their
convenience without partition by meets and bounds. It is
pertinent to mention here that the modification and
improvement of the

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suit land would not be possible without partition by meets
and bounds.

19. That, therefore the plaintiff and Performa defendants


demanded the partition of the suit land but the defendants
all the time put off the matter on some the other pretext.

20. That, finally on 05.01.2023, the plaintiff made and


approach to the defendants and requested them to make
partition of the
suit land by meets and bounds but the defendants totally
refused to do so hence the necessity of the suit.

21. That, the plaintiff, Performa defendant and defendants have


got unity of title, community of interest in the suit land.
22. That, the plaintiff and Performa defendants are entitled to
get 5/6th share in the suit land fully described in schedule
“A” of the plaint.

23. That, the suit is valued at Rs. 50,00,000/- for the purpose of
pecuniary Jurisdiction and court fee since this is a suit for
simple partition, hence the plaintiff paid fixed court fee
thereupon and prays for the institution of the suit.

24. That, the cause of action arose on 05.01.2023 when the


defendants refused to make partition of the suit land by
meets and bounds and thereafter day to day at village-
Dhori, P.s.- Bermo, dist., Bokaro within the territorial
jurisdiction of the learned court.

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25. That, the plaintiff pray for the following relieves: -


i. After adjudication a preliminary decree be passed in favor
of the plaintiff and Performa defendant 23 to 37 declaring
5/6th share in the suit land fully described in schedule “A”
of this plaint.

ii. A survey knowing leader commissioner be appointed to


curve out the share of the plaintiffs and Performa defendant
from the suit land and accordingly a permanent decree be
prepared in favor of the plaintiff and the Performa
defendants be put in khas possession over their takhta
through the process of the court.
iii. A cost of the suit be awarded in favor of the plaintiff.

iv. Any other relief or relieves for which the plaintiff is entitled in
law and equity be given to the plaintiff.

(Genealogical table in next page)

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Genealogical table

(a) (b) (c) (d)


Jodhwa Churwa Tekwa Karma
Kurmi Kurmi Kurmi Kurmi
S/o Uttama S/o Gunawa S/o Khemna S/o Gunawa
Kurmi Kurmi Kurmi Kurmi

(i) (ii) (iii) (iv) (v)


Barhan Jailal Mahto Govind Gunja Inder
Mahto (Badhan Mahto) Mahto Mahto Mahto
(Died issueless) (Died issueless)
Khemlal Koshila Ledani Kalawati
Mahto Devi Devi Devi

Umesh Antu Shanicharya Geeta


Mahto Mahto Devi Devi

(iii)
Govind Mahto

Shyam Sunder Khagpat Asha


Mahto Mahto Devi
(unsound mind)

Sandeep Kumar

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(iv)
Gunja Mahto

Jhari Mahto Bhim Mahto Shanti Devi


(died) (issueless)
(wife- Panwa Devi)

Gopal Binod Sunita Rekha


Mahto Mahto Devi Devi
w/o- Rajesh w/o- Awadh Kishor
Mahto Mahto
(R/o- Kasmakura (R/o- Dantu Khara
P.o+P.s- Dumri Po+P.s- Charhi
Giridih) Hazaribagh)
(d)
Karma Kurmi

(d.i) (d.ii) (d.iii) (d.iv)


Punit Lalchand Bhuliya Laliya
Mahto Mahto Devi Devi
(issueless)

Piyari Devi (2nd widow) Somar Dilu Lalita


(issueless) Mahto Mahto Devi
w/o- Khekha
Mahto R/o Makan
Cherki Devi (widow) Po- Poddag, P.s- Nimiyaghat,
Giridih (Jharkhand)
Bhim Mahto

Savitri Devi (widow)

Dinu Mahto Teko Mahto


..13…

(d.iv)
Laliya Devi

Loknath Mahto Mithlesh Mahto Dwarika Mahto Khedni Devi

Shiva Mahto

Suresh Mahto

Mithlesh Mahto All resident of Manjhlitand, Post-Birni

Manoj Mahto P.S- Nawadih District- Bokaro

Prakash Mahto

Shristi Mahto

Suchitra Devi wife of Nand Lal Mahto,


village- Govindpur, Bokaro Thermal

Dewanti Devi wife of Baleshwar Mahto,


village- Chaingada, Barkakana, Dist- Ramgarh (Jharkhand)

Radhika Devi wife of Tarkeshwar Mahto,


village- Kumar Daga, Post- Gola, Dist- Ramgarh
… 14…

SHEDULE “A”
All the lands situated at village- Dhori, Tola- Soutardih, Mauza-
Dhori, Thana No. 68, Pargana – Rampur, District- Hazaribagh at present
District- Bokaro.

Khata No. Plot No. Area in Khata No. Plot No. Area
Acres Acres

83 813 0.11 83 1432 0.21

814 0.01 1555 0.61

1132 0.02 1629 0.61

1138 0.41 1673 2.42

1140 0.62 1674 2.45

1155 0.10 1675 2.13

1172 0.01 1688 0.07


1192 0.04 1709 0.86

1195 0.71 1714 0.69

1196 0.61 1716 0.06

1203 0.08 1717 0.04

1222 0.06 1718 0.27

1400 0.08 1739 2.46

1403 0.72 1743 0.61

1406 0.77 1745 0.10


..15...

Khata No. Plot No. Area in Khata No. Plot No. Area
Acres Acres

83 1746 0.03 83 1772 0.04

1747 0.17 1773 0.24

1748 0.02 1774 0.02

1749 0.08 1775 0.24

1750 0.04 1777 0.62

1752 0.04 1779 0.19

1753 0.22 1806 0.82


1754 0.23 1816 0.28
1755 0.02 1823 0.20
1756 0.20 1826 0.25
1757 0.02 1832 0.02
1758 0.21 2479 0.82
1759 0.04 1449 0.58
1760 0.52
1761 0.22 Total Plots 67 and
1762 0.22 Total Area 25.77 Acres.
1763 0.03
1764 0.33
1765 0.03
1766 0.08
1768 0.66
1769 0.10
1770 0.01
1771 0.10
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SCHEDULE “B”
Item No. 01
All the lands situated at village- Dhori, Tola- Soutardih, Mauza-
Dhori, Thana No. 68, Pargana – Rampur, District- Hazaribagh at present
District- Bokaro.

Khata No. Plot No. Area in


Acres
83 1757 0.02
1758 0.21
1759 0.04
1760 0.52

1761 0.12

1762 0.22

83 1763 0.03
1764 0.33
1765 0.03
1766 0.08
1746 0.03
1747 0.17
1748 0.02
1749 0.08
1750 0.04
83 1752 0.04
1753 0.22
1754 0.23
1755 0.02
..17..

Khata No. Plot No. Area (Acres)


83 1756 0.20
1806 0.82
1816 0.28
83 1823 0.20
1769 0.10
1770 0.01
1745 0.10
1771 0.10
1772 0.04
1773 0.24
1773 0.02
1775 0.24
1743 0.61
1768 0.66
1777 0.62
1779 0.19

Total Plots 35 (Thirty Five)


Total Area 6.88 Acres.
..18...

SCHEDULE “B”
Item No. 02
All the lands situated at village- Dhori, Tola- Soutardih, Mauza-
Dhori, Thana No. 68, Pargana – Rampur, District- Hazaribagh at present
District- Bokaro.

Khata No. Plot No. Area in


Acres
83 2479 0.07
2479 0.07

Khata No. Plot No. Area in


Acres
2479 0.06
83 2471 0.04

Filed on behalf of the plaintiff.


Dated.
VERIFICATION
I, Khagpat Mahto son of Late Govind Mahto the plaintiff do
hereby declare that the statements made above in the plaint is
drafted according to my instruction which is read over and
explained to me in Hindi to which I found true and correct to the
best of my knowledge, information and belief.
Verified and signed this at Tenughat on……………………..
AFFIDAVIT
I, Khagpat Mahto son of Late Govind Mahto, aged about- 56
years, by faith- Hindu, by occupation- Cultivation, resident of
village- Dhori, P.S- Bermo District- Bokaro (Jharkhand) do
hereby solemnly affirm and declare as follows:-

1. That, I am one of the plaintiff in the above referred suit.


2. That, I am acquainted with the facts and circumstances of the
case.
3. That, the statements made above in the plaint are true and
correct to the best of my knowledge and belief.

VERIFICATION
I, Khagpat Mahto do hereby declare that the statements made
above are true and correct to the best of my knowledge,
Information and belief. I sign this verification at Bermo at
Tenughat on ……………………..
In The Court of Sub-Divisional Magistrate,
Bermo at Tenughat, District- Bokaro
Case No…………/2023
U/S – 144 Cr.P.C.
1. Ram Chandra Gope @ Lala Gope son of Late Prabhu Gope
2. Suresh Gope Son of Late Prabhu Gope
3. Ruplal Gope son of Late Chhatu Gope
4. Rohit Gope Son of Late Chhatu Gope
5. Gouri Gope son of Tili Gope @ Tilu Gope
6. Tulsi Gope Son of Tili Gope @ Tilu Gope
7. Madan Gope Son of Tili Gope @ Tilu Gope
All are by faith- Hindu by occupation- Cultivation Resident of
village- Mahliband, Post- Kathara, P.S- Gomia District- Bokaro
(Jharkhand)
………. Petitioner/1st parties.
Versus
1. Tileshwar Gope son of Late Raghunath Gope
2. Harish Chandra Yadav son of Tileshwar Gope
3. Basudeo Yadav son of Tileshwar Gope
4. Madan Gope son of Tileshwar Gope
5. Ramkrishna Yadav son of Panku Yadav,
All are resident of village- Mahliband, Post- Kathara,
P.S- Gomia District- Bokaro (Jharkhand)
……. Opposite Parties/2nd parties.
..2..
Petition for undertaking 144 Cr.P.C.
The above named petitioners/1st parties
begs to state as follows:-
Most Respectfully Sheweth:-
1. That, the petitioner are peace loving and law abiding citizen of
the state and they are always believe in peace and no committed
no any overt act by the petitioners.
2. That, the 2nd party members are disparate person who have no
regard of law and they have always intention to grab the land
by their muscle power.
3. That, the land in proceeding related of Khata No. 69 Plot No.
923 Area 02 Decimals out of Total area 1.17 Acres (One Acre
Seventeen Decimals) situated at village- Mahlibandh P.S No.
113 P.S- Gomia, District- Bokaro which has been fully
described in Schedule “A” below of this petition has been
recorded in the name of Lumar Gope son of Manbodh Gope
during the last cadastral survey operation.
4. That, the recorded tanent Lumer Gope had valid right title
interest on the entire land of Khata No. 69, Plot No. 923 Area
1.17 Acres.
5. That, after the death of Lumar Gope died leaving behind three
sons namely Prabhu Gope, Chhatu Gope and Tilu Gope.
Prabhu Gope died leaving behind two sons namely
Ramchandra Gope and Suresh Gope. Chhatu Gope died leaving
behind his three sons namely Ruplal Gope, Rohit Gope and
Dharmnath Gope and Tilu Gope died
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leaving behind his three sons Gouri Gope, Tulsi Gope and
Madan Gope they are joint right title interest and possession on
the same.
6. That, in the meantime the landed area 0.54 Acres out of 1.17
Acres under Plot No. 923, Khata No. 69 situated at Mauza-
Mahlibandh, P.S- Gomia District- Bokaro is vested into C.C.L.
under G.M. Kathara.
7. That, it is also place to mention here that in the year 1986
Prabhu Gope, Chhatu Gope and Tilu Gope all son of Lumar
Gope sold and transferred the land in favour of Rajhiya Devi
through the execution of Sale Deed in Khata No. 69, Plot No.
923 area 12 Dc. Under Mauza- Mahliband P.S- Gomia District-
Bokaro (Jharkhand) and the vendee came in possession till her
life time and after the death of Rajhiya Devi her sons Tileshwar
Gope came in possession over the land.
8. That, it is also place to mention here that the sons of Rajhiya
Devi made their home over all the purchased land having area
12 Decimals out of 1.17 Acres in the Plot No. 923 Khata No.
69 of Mauza – Mahlibandh, P.S – Gomia, District – Bokaro and
started living with their family.
9. That, in the meantime all of a sudden on dated. 23.09.2022 1.
Tileshwar Gope son of Late Raghunath Gope 2. Harish
Chandra Yadav, 3. Basudeo Yadav son of Tileshwar Gope 4.
Madan Yadav 5. Ramkrishna Yadav both sons of Punka Yadav
who are second party in this case started digging foundation
over
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2 Decimals of land besides their purchased land in Plot No. 923


Khata No. 69 of Mauza- Mahlibandh P.S- Gomia District-
Bokaro in south portion of the land of second party members
having boundary:-
North- House of 2nd party
South- Land of Petitioners
East- Land of Petitioners
West- Land of Petitioners
Which is more fully described in Schedule “A” below of this
petition and when the petitioners/1 st parties protested to stop the
digging foundation work then 2nd party members threatened the
first party that second party will again make their construction
in future and second party stop the work at the same time.
10. That, after that, the time has spending peacefully but all of a
sudden on date. 21.01.2023 the second party again started their
construction works in the land of Schedule “A” then again
petitioners / 1st parties objected for the construction of boundary
over 2 decimals of lands but the 2nd party members remained
continued their work and threatened the 1st party that if the 1st
parties will come over the disputed land they will be buried in
the very field.
11. That, the first parties found no remedy the first parties went to
the concerning Gomia Police Station and requested the police
officers to take legal steps against the 2 nd party members for the
safe of the 1st party but the police directed and suggested the
first
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party to take shelter of the court and as such the first parties are
filing this petition today before the learned court.
12. That, the cause of action arose on 23.09.2022 when the second
party started digging foundation, and on dated. 21.01.2023
when the second parties forcibly constructed boundary and
there is highly apprehension of bloodshed and breach of peace
between the parties and as such it is necessary to start
proceeding U/S 144 of Cr.P.C. to restrain the second party to
go over the disputed land.
13. That, other grounds shall be urged at the time of hearing.
It is, therefore, respectfully prayed that
your honour may be pleased to draw a
proceeding U/S 144 Cr.P.C. in the land
of Schedule “A” and restrain the 2nd
party members to go over the Schedule
“A” land.
AND
For which the first party member shall
ever pray.
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SCHEDULE “A”
All the lands situated at village- Mahliband, P.S- Gomia, District-
Bokaro (Jharkhand)

Khata No. Plot No. Area Boundary


69 923 2 Dc. N- House of 2nd
party
Out of 1.17 Acres S- Land of 1st party
E- Land of 1st party

W- Land of 1st party.

Lumar Gope

Prabhu Gope Chhatu Gope Tili Gope @


Tillu Gope

Ram Chandra Suresh


Gope Gope Gouri Tulsi Madan
Gope Gope Gope

Ruplal Rohit Dharmnath


Gope Gope Gope

Filed on behalf of the Petitioners/1st parties.


Dated.
In The Court of Civil Judge, (Sr. Div.) – 1,
Bermo at Tenughat
Execution Case No………../2022
Application for Execution of Decree Order 21 Rule 11
Money Suit No. 05/2015.
1. M/S Diamond Construction through its sole proprietor
Hira Singh s/o Late Chhotan Singh, resident of Staff Colony
at Kathara Qtr. No. 1C/18, P.0. Kathara PS. Bokaro Thermal,
District Bokaro (Jharkhand) ………………. Decree Holder
Plaintiff.
Versus
1. The Central Coalfield Limited through its
Chairman cum Managing Director (C.M.D.) having Its at
and P.O. Darbhanga House, Kutcheri Chowk, Ranchi,
District Ranchi (Jharkhand).

2. Chief General Manager, C.C.Ltd, Kathara Area,


P.O. Kathara, P.S. Bokaro Thermal, District
Bokaro (Jharkhand)

3. Area Finance Manager, C.C.Ltd., Kathara Area,


P.O. Kathara, P.S. Bokaro Thermal,
District Bokaro (Jharkhand)

4. Project Officer, C.C. Ltd. at Kathara Washery P.O. Kathara,


P.S. Gomia, District Bokaro (Jharkhand)
..2..

5. Superintendent Engineer (E&M) C.C.Ltd. at Kathara Washery.


P.O. Kathara, P.S. Gomia, District Bokaro (Jharkhand)

6. Deputy Finance Manager, Kathara Washery P.O. Kathara,


P.S.Gomia District Bokaro (Jhakhand)
………. Judgment Debtor
Defendants.

The above named plaintiff begs to state as


follows:-

I, Hira Singh (Decree Holder) hereby apply for execution of the


decree hereinbelow set forth.

1. Number of Suit – 05/2015


2. Name of the Parties:-
Hira Singh Versus Central Coalfields Ltd. & Others.

3. Date of Decree:- 25.08.2022.

4. Whether any appeal preferred from decree. No.

5. Payment of adjustment made, if any. None.


6. Previous application, if any, with date and result. :-

Recovery of amount as per Decree-


Including cost of suit Rs. 2,39,055.00/-
..3..

Interest from 20.04.2015 to 31.08.2022


(7 years 4 Months @ 6% P.A) Rs. 1,05,182.00/-
----------------------------------
Total:- Rs. 3,44,237.00/-
(Rs. Three Lakhs Forty Four Thousand Two Hundred Thirty
Seven Only)

7. Amount with interest due upon the decree or other relief granted
thereby together with particular of any cross-decree. :- Yes
8. Amount of costs, if any, awarded. :- No.
9. Against whom to be executed.
Against the above named Judgement debtor namely Central
Coalfields Limited & Others.
10. Made in which the assistance of the court required.
Hira Singh Decree Holder pray for recovery of Decreetal amount
of Rs. 2,39,055 which includes cost of suit with an Interest @6%
P.A. of 7 years 4 Months which comes Rs. 1,05,182/- which
comes in total Rs. 3,44,237/- (Rs. Three Lakhs Forty Four
Thousand Two Hundred Thirty Seven Only)
besides other interest till realization of the same be passed
in favor of Decree Holder and against the Judgment Debtor.

That, in case if the judgment debtors failed to pay the said amount
within the period as fixed by the court in that event the court be realize
the same from the Project Officer, C.C.L. Kathara Washery, General
Manager, C.C.L Kathara all Furniture, Vehicle, etc. including the cost
of realization.

Filed on behalf of the Decree Hoder.


Dated. 21.12.2022.
AFFIDAVIT
I, Hira Singh s/o Late Chhotan Singh, aged about- 65 years, Resident of
Staff Colony at Kathara Qtr. No. 1C/18, P.0. Kathara PS. Bokaro
Thermal, District Bokaro (Jharkhand) Proprietor of M/S Diamond
Construction do hereby solemnly affirm and declare as follows:-
1. That, I am the sole Decree Holder in the above referred execution case.
2. That, I am fully acquainted with the facts of the case.
3. That, the statements made above in the execution petition are true and
correct to the best of my knowledge, information and belief.

Verification
I, Hira Singh do hereby declare that the statements made above in the
affidavit are true and correct to the best of my knowledge, information
and belief. Verified and signed this at Tenughat on 21.12.2022.
In The Court of Principal District &
Sessions Judge, Bokaro
Camp Court, Bermo at Tenughat
A.B.P. No. ……….. /2023

Chamu Manjhi & Others …………………. Accused/ Petitioners


Versus
State of Jharkhand

Arising Out of :- Jaridih P.S. Case No. 180/2020, G.R. No.


1352/2020, State Versus Chamu Manjhi &
Others.
U/S 147, 149, 447, 427, 379, 504 & 506 I.P.C.
Pending in the court of A.C.J.M, Bermo at Tenughat
An application U/S 438 and 440 of the code of Criminal Procedure
AND
In the Matter of :-
1. Chamu Manjhi son of Late Meghrai, Aadhar No.4090 4396
0804
2. Premchand Manjhi son of Late Sufal Manjhi,
Aadhar No. 5975 5651 1413
3. Babuchand Manjhi son of Late Bhim Manhi,
Aadhar No. 8685 1684 3090
4. Lalo Chand Manjhi son of Late Bhim Manjhi,
Aadhar No. 5102 0075 8457
..2..

5. Sukh Ram Manjhi @ Sukh Ram Murmu,


son of Late Guhi Manjhi, Aadhar No. 2844 3349 6863
6. Sukhdeo Manjhi @ Sukhdeo Murmu, son of Narayan Manjhi,
Aadhar No. 4052 1940 6283
7. Durga Prasad Murmu son of Late Sufal Manjhi,
Aadhar No. 7551 2697 8933
All resident of village- Kenduwadih P.S- Jaridih,
District- Bokaro (Jharkhand) ………. Petitioners.
Versus

State of Jharkhand ………. Opposite Party

The humble petition for Anticipatory Bail


on behalf of the above named accused
petitioners are as follows:-
1. That, the petitioners are filing for Anticipatory Bail
2. That, no any regular or Anticipatory Bail petition has been filed
previously before any court or any superior court or Hon’ble High
Court till today by these petitioners.
3. That, the petitioners are quite innocent and falsely been implicated
in this case.
4. That, the case in brief is that on dated. 30.10.2020 at 9:00 AM all
the accused petitioners came to the Hotel of the informant with
some women and threatened the Informant to remove the flag of
B.J.P. and also to drive away from the Hotel and then petitioners
started damaging house and also taken away with them of
amounting Rs. 2100/- and the utensils which was put in to the
house and threatened
..3..

that, the informant will be implicated in false case and as such case
has been lodged by the informant.
5. That, the allegation made in the F.I.R. is totally false and
fabricated.
6. That, no any incident or offence has been done by the petitioners as
alleged in the F.I.R.
7. That, the F.I.R. has been lodged by the informant merely due to
suspicion and the petitioners have no any concern as stated in the
F.I.R.
8. That, all sections are bailable except 379 of I.P.C. and there is no
any recovery from this personal possession of any petitioners.
9. That, there is no specific allegation against this accused petitioners
and there is no any previous criminal history.
10. That, the accused petitioners are local men having house and hearth
and there is no any chance of their absconding.
11. That, the accused petitioners are ready to furnish suitable bailors
for the satisfaction of this court.
12. That, other grounds shall be urged at the time of hearing.

It is, therefore respectfully prayed that your


honour may be pleased to pass an order to
enlarge the petitioners on bail or directed
accordingly as deemed fit. And for this the
accused petitioners shall ever pray.

Filed on behalf of the accused petitioners.


Dated.
AFFIDAVIT
I, Rajesh Murmu Son of Maheshwar Murmu, aged about- 28
years, by faith- Hindu, Resident of village- Kenduwadih, Post-
Jainamore, P.S- Jaridih, District- Bokaro (Jharkhand) Aadhar No.
3675 2934 4586 do hereby solemnly affirm and declare as
follows:-

1. That, I am the Pairvikar of the above referred case.


2. That, I am fully acquainted with the facts and circumstances of
the above case vide Jaridih P.S. Case No. 180/2020, G.R. No.
1352/2020, State Versus Chamu Manjhi & Others pending in
the court of A.C.J.M, Bermo at Tenughat.
3. That, the contents made on the above Bail Petition have been
read over and explained to me in Hindi, which I found true and
correct to the best of my knowledge, information and belief.
4. That, this affidavit is to be treated as a part of the above Bail
Petition.

VERIFICATION
I, Jyotilal Manjhi do hereby declare that the statements made
above are true and correct to the best of my knowledge, Information
and belief. I sign this verification at Bermo at Tenughat on
……………...
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IN THE COURT OF THE PRINCIPAL JUDGE FAMILY COURT,
BOKARO
ORIGINAL MAINTENANCE CASE NO. …………../2023.
BETWEEN
1. RAMESHWAR MAHTO, Aadhaar No.- 3221 1888 3370
S/o Late Murat Lal Mahto, aged about-62 years, by occupation-Retired
from SAIL/BSL.
2. SUKUNTALA DEVI, Aadhaar No.-3617 9872 1257
W/o Sri. Rameshwar Mahto, aged about- 58 years. By occupation-
Housewife,
Both are by faith- Hindu, Present Address:- Vill.- Madanpur, P.O.-
Kadamba, P.S.- Chandrapura, Dist- Bokaro, Jharkhand, Pin 828403
Permanent address Vill- Madanpur Papalo (Kaluwatand), P.O.-
Taranari, P.S- Chandrapura, Dist.- Bokaro, P Jharkhand, Pin-828403
……Petitioners/Applicants

AND
1. Jay Prakash Mahto Son of Sri Rameshwar Mahto,
Aged about-38 years, by occupation- Business
2. RAJU KUMAR S/O Sri Rameshwar Mahto, aged about- 28 years,
By occupation Business (Petty Contractor).
3. Koshalya Devi wife of , aged about- years.
All are by Hindu Present Address Vill-Madanpur, P.O.- Kudumba,
P.S- Chandrapura Dist- Bokaro, Jharkhand, Pin-828403
Both Permanent address Vill.- Madanpur, Papalo (Kaluwatand),
P.D.- Tarinari, P.S. Chandrapura, Dist.- Bokaro, Jharkhand Pin-
828403
……….Opposite Parties/Respondents
PETITION FOR MAINTENANCE UNDER SECTION 125 OF
CRIMINAL PROCEEDING CODE
The above named petitioners respectfully
submits as under:-
1. That, the applicants/petitioners are the parents of the
respondents/opposite parties and they are the oldest citizen persons.
2. That, the petitioners submit that:-
(a) The petitioner No.- 01 was an employee of SAIL/Bokaro Steel Plant,
who retired from his service in the year 2018 and petitioner no.- 02 is
the wife of petitioner no. 01 and the mother of the respondents/opposite
parties. They are fully depended upon the respondents/opposite parties.

(b) The petitioner no.- 01 had constructed several residential cum


commercial house and purchased agriculture land during his service
period for his residence and growing paddy along with his family.

(c) After retirement, the petitioner No. 01 had received retirement benefit
from SAIL/Bokaro Steel Plant and same has given to
respondents/opposite parties for livelihood, cloth and essential
communities of his family and repayment the loan, who had taken
earlier.

(d) Thereafter respondent no.- 01 has been running whole sale cum retail
grocery business in his village and respondent no.-02 is petty contractor
cum business man.

(e) After same time respondents/opposite parties and their wives have used
filthy language to the petitioners/ applicants but the petitioners had
passed their life anyhow with their family along with the respondents
after thinking that after some time their behavior have been changed
and restored good and cordial relationship.
(f) But their behavior have not changed and respondents along with their
wives have assaulted to the petitioners/applicants after using filthy
language and ousted from the house on 23/09/2020 and since then the
petitioners have passed their life anyhow here and there hence this
application for their maintenance.

(g) Both the petitioners are suffering from several old age diseased like
thyroid, sugar, diabetes, filarial etc.

3. That, the petitioners have no resources/limited reserves to maintain


them self and they are fully dependent upon the respondents i.e. their
son hence facing a lot of problem to maintain them self.

4. That, the petitioners called upon the respondents on 30/09/2020 and


onwards to provide money for maintenance for them self but as yet no
amount towards maintenances have been received from the
respondents/opposite parties.

5. That, the respondents are a person with means and have the following
property monthly and annual income etc.
a. The respondent no.- 01 is businessman and earning monthly more
than of Rs. 70,000.00 (Seventy Thousand) and respondent no. 02 is
petty contractor cum businessman and earning monthly more than
of Rs. 60,000.00 (Sixty Thousand).
b. Agriculture landed property at Village- Madanpur, Papalo
(Kaluwatand) in which respondents earned of Rs. 3,00,000.00
(Three Lakh) per annum.

6. That, it is worth to mention here that the petitioners have earlier filed a
maintenance case before this learned court vide Original
Maintananance Case No. 135/2020 which has been withdrawn by the
petitioner after arriving amicable settle between the Petitioners and
Opposite Parties in local panchayat.
a. That, the local Panchayat of their village has directed the Opposite
Parties to pay a sum of Rs. 2000/- (Two Thousand) each parties but
till today the Opposite Parties didn’t paid any amount of
maintainance to the Petitioners. Hence this necessity of this fresh
maintainance Petition.
7. That, in the circumstances stated above there is no alternative for the
petitioners hence to approach this Hon'ble court for their maintenance.

PRAYER
The petitioners therefore prayed that your honour may be pleased to
pass an order directing the respondents to pay Rs. 30,000.00 (Thirty
Thousand) (Rs.15,000.00 each petitioner) per month towards
maintenance of the petitioners.

Place: Bokaro
Date:
AFFIDAVIT

I, RAMESHWAR MAHTO S/o Late Murat Lal Mahto, aged about-62


years. by faith- Hindu, by occupation- Retired from SAIL/BSL, R/o Vill
Madanpur, P.O.- Kudumba, P.S.- Chandrapura, Dist.- Bokaro, Jharkhand,
Pin-828403, do hereby solemnly affirm on oath and declare as follows

1. That, I am the petitioner/applicant No.- 01 of this petition and as such


am well acquainted with the facts and circumstances of this
petition/case.

2. That, the contents of the instant petition has been read over and
explained me in my vernacular. Which I understood the same and
found correct.

3. That, the statement made in the forgoing paragraphs of the petition is


true & correct to the best of my knowledge, belief & information.

4. That, I have nothing canceled in it

VERIFICATION
The statements made above are true & correct, I signed this verification
here at BS. City on 24/11/2020.
In The Court of Civil Judge, Sr. Division – II,
Bermo at Tenughat
Misc. Case No. 19/2018
Sukhdeo Ghansi …………… Petitioner
Versus
Idrish Miyan & others ………….. Opposite parties.
The humble show cause on behalf of
the Opposite Party No. 4 & 5 is as
follows:-
1. That, the aforemention Misc. Case brought by the
Petitioners/Plaintiff is maintainable and the same is fit to be
allowed.
2. That, the present Misc. Case has been filed by the Petitioner with
the period of limitation.
3. That, the statements made in para 1, 2, 7 of the petition are true
and correct and hereby admitted by the answering in toto.
4. That, it is true and correct that the petitioner had feel ill and as a
result of which he remained in medical treatment since 05.01.2018
to 13.08.2018 and when he recovered from his illness he came at
Tenughat on 14.08.2018 and met his conducting lawyer and come
to know that his Misc. Case No. 03/2013 has been dismissed on
default on 12.01.2018.
5. That, there after the petitioner obtained the certified copy of order
dated. 10.01.2018 and filed present Misc. Case to restore this
Misc. Case No. 03/2013 in Title Original file number.
..2..

6. That, there is no Malafide intension of the petitioner to brought


the Misc. Case and same is required to allowed for ends of justice.
7. That, if the present Misc. Case wouldn’t be allowed then the
petitioner and answering Opposite Parties put to irreparable loss
and injury.
8. That, the other grounds shall be urged at the time of hearing.
It is, therefore respectfully prayed that your
honour would be pleased to allow this Misc.
Case in favour of the Petitioner.
AND
For this the Petitioner shall ever pray.
Filed on behalf of the petitioner.
Dated.
AFFIDAVIT
I, Dasai Ghansi son of Late Pradhan Ghansi, aged about- 62
years, by faith- Hindu, by occupation- Cultivation, resident of
village- Dantoo, Post- Dantoo, P.S- Kasmar, District- Bokaro
(Jharkhand) Aadhar No. 7736 8832 7457 do hereby solemnly
affirm and declare as follows:-

1. That, I am the Opposite Party No. 04 and Pairvikar of the


above noted case.
2. That, I am acquainted with the facts and circumstances of the
case.
3. That, the contents made in the above noted Show Cause have
been read over and explained to me in Hindi which I found
true and correct to the best of my knowledge information and
belief.

VERIFICATION
I, Dasai Ghansi do hereby declare that the statements made
above are true and correct to the best of my knowledge,
Information and belief. I sign this verification at Bermo at
Tenughat on ……………………..
In The Court of A.C.J.M.,
Bermo at Tenughat

Jaridih P.S. Case No. 180/2020


G.R. No. 1352/2020

State
Versus
Chamu Manjhi & Others ……………….. Accused.
U/S 147, 149, 447, 427, 379, 504 & 506 of I.P.C.

The humble petition of permission for furnish bail

bond on behalf of the accused petitioners namely 1.

Chamu Manjhi, son of Late Meghrai Manjhi, 2.

Premchand Manjhi son of Late Sufal Manjhi, 3.

Babuchand Manjhi son of Late Bhim Manjhi, 4. Lalo

Chand Manjhi son of Late Bhim Manjhi, 5. Sukhram

Manjhi @ Sukhram Murmu, son of Late Guhi Manjhi,

6. Sukhdeo Manjhi @ Sukhdeo Murmu son of

Narayan Manjhi 7. Durga Prasad Murmu son of Late

Sufal Manjhi all Resident of village- Kenduwadih,

P.S- Jaridih, District- Bokaro (Jharkhand) is as

follows:-
..2…

1. That, in the aforesaid case the above named petitioners have been

granted anticipatory bail by the Principle District and Session

Judge, Bokaro vide A.B.P no. 139/2023 dated 17.02.2023.

2. That, the petitioners are ready to abide the condition as laid down

U/S 438 Cr.P.C.

3. That, the petitioners are ready to furnish bail bonds to the best

satisfaction of your honour’s court.

4. That, other grounds shall be urged at the time of hearing.

It is therefore, prayed that your honour

may be pleased to permit the petitioners

to furnish bail bond.

And for this act of kindness accused petitioners shall ever pray.

Filed on behalf of the accused.

Dated:- 03.03.2023.
In The Court of A.C.J.M.,
Bermo at Tenughat

Jaridih P.S. Case No. 180/2020


G.R. No. 1352/2020

State
Versus
Chamu Manjhi & Others ……………….. Accused.
U/S 147, 149, 447, 427, 379, 504 & 506 of I.P.C.

The humble Surrender Petition on behalf of the


accused petitioners namely 1. Chamu Manjhi, son of
Late Meghrai Manjhi, 2. Premchand Manjhi son of
Late Sufal Manjhi, 3. Babuchand Manjhi son of Late
Bhim Manjhi, 4. Lalo Chand Manjhi son of Late Bhim
Manjhi, 5. Sukhram Manjhi @ Sukhram Murmu, son
of Late Guhi Manjhi, 6. Sukhdeo Manjhi @ Sukhdeo
Murmu son of Narayan Manjhi 7. Durga Prasad
Murmu son of Late Sufal Manjhi all Resident of
village- Kenduwadih, P.S- Jaridih, District- Bokaro
(Jharkhand) is as follows:-

1. That the above named accused petitioners are voluntarily


surrendering before your Honour’s court today in the above noted
case.

It is therefore, prayed that your honour would be


graciously pleased to accept the surrender petition of
the petitioners.
And for this act of kindness the accused petitioners shall every pray.
Filed on behalf of the accused.
Dated:- 03.03.2023.
In The Court of Principal District & Session Judge, Bokaro
Civil Appeal No. ……………/2023

Ram Chandra Ram …………. Plaintiff/ Appellant.


Versus
Devi Ram & Others ……….. Defendants/ Respondents
AFFIDAVIT
I, Pradeep Kumar Verma Son of Ram Chandra Ram, aged
about- 60 years, by faith- Hindu, Resident of village- Hosir, Post-
Hosir, P.S- Gomia, District- Bokaro (Jharkhand) Aadhar No.
…………………………. do hereby solemnly affirm and declare
as follows:-

1. That, I am the son of Appellant and Pairvikar of the above suit.


2. That, I am fully acquainted with the facts and circumstances of
the above suit.
3. That, the contents made on the above suit have been read over
and explained to me in vernacular, which I found true and
correct to the best of my knowledge, information and belief.
4. That, this affidavit is to be treated as a part of the above suit.

VERIFICATION
I, Pradeep Kumar Verma do hereby declare that the statements
made above are true and correct to the best of my knowledge,
Information and belief. I sign this verification at Bokaro on
……………...
In The Court of Munsif,
Bermo at Tenughat

O.S. No. 05/2006

Pankaj Jain & Others ………………. Plaintiffs.


Versus
Ganga Devi & Others ………….. Defendants.
AFFIDAVIT
I, Sunil Kumar Jain, aged about- 53 years, Son of Late Prakash
Chand Jain, by faith- Jain, Resident of village- Saram, Post- Saram,
P.S- Gomia, District- Bokaro (Jharkhand) do hereby solemnly affirm
and declare as follows:-

1. That, I am one of the Plaintiff in the above noted Case.


2. That, I am fully acquainted with the facts and circumstances of the
above Rejoinder Petition.
3. That, the contents made on the above suit have been read over and
explained to me in Hindi, which I found true and correct to the best
of my knowledge, information and belief.
4. That, this affidavit is to be treated as a part of the above Petition.

VERIFICATION
I, Sunil Kumar Jain do hereby declare that the statements made above are
true and correct to the best of my knowledge, Information and belief. I sign
this verification at Bermo at Tenughat on 03.03.2023.
IN THE COURT OF CIVIL JUDGE SENIOR DIVISION- I

Bermo at Tenughat, District- Bokaro

Original partition Suit No. 06 /2023

Khagpat Mahto s/o. Late Govind Mahto, by faith-Hindu,


by occupation, by occupation-cultivator R/o. village Dhori,
P.S. – Bermo District- Bokaro (Jharkhand),
Aadhaar No. 8921 7085 9182 ….Plaintiff
Versus
1. Piyari Devi W/o. Late Punit Mahto
By faith- Hindu, by occupation- Cultivator, R/o- Dhori,
P.S- Bermo, District – Bokaro
(Jharkhand) – 825102
2. Most. Charki Devi W/o- Late Somar Mahto
3. Bhim Mahto s/o. Late Somar Mahto
4. Savitri Devi W/o- Late Dilu Mahto
5. Dinu Mahto s/o. Late Dilu Mahto
6. Teklal Mahto s/o. Late DIlu Mahto
2 to 6 All by faith-Hindu, by occupation, by occupation-cultivator R/o. village Kanjkiro Basti, Partand, P.S. – Nawadih,
District- Bokaro (Jharkhand) – 829107.
7. Mithlesh Mahto s/o. Late Dayal Mahto
8. Dwarika Mahto S/o. Late Dayal Mahto
9. Shiva Mahto s/o. Late Loknath Mahto
10. Suresh Mahto S/o- Late Loknath Mahto
11. Manoj Mahto S/o- Late Loknath Mahto
12. Prakash Mahto S/o- Late Loknath Mahto
13. Shristi Mahto S/o- Late Loknath Mahto
14. Mithlesh Mahto S/o- Late Loknath Mahto
7 to 14 all by faith-Hindu, by occupation, by occupation-cultivator R/o Village- Manjhlitand Post- Birni, P.S. – Nawadih
District- Bokaro (Jharkhand).
15. Khedni Devi wife of Baldeo Mahto D/o- Dayal Mahto
Resident of village- Tilayatand, Post- Bhendra,
P.S- Nawadih, District- Bokaro (Jharkhand) – 829144
16. Suchitra Devi W/o- Nandlal Mahto
Resident of Govindpur, Bokaro Thermal, District- Bokaro (Jharkhand) – 829107
17. Deventi Devi D/o- Late Loknath Mahto, W/o- Baleshwar Mahto Resident of village- Chaingarha, Barkakana,
District- Ramgarh (Jharkhand) – 829103
18. Radhika Devi D/o- Late Loknath Mahto, W/o- Tarkeshwar Mahto, Resident of village- Kumardagga, Post- Ramgarh,
District- Ramgarh (Jharkhand) – 829144
19. Rameshwar Mahto Son of Late Thakur Mahto
20. Mohan Mahto Son of Late Govind Mahto
21. Sohan Mahto son of Late Govind Mahto
22. Mahadeo Mahto son of Late Kalicharan Mahto
19 to 22 Resident of Bhedmukka (Dhori) P.S- Bermo, District- Bokaro (Jharkhand) – 829144 ……….. Defendants.

23. Gopal Mahto son of Late Jhari Mahto


24. Binod Kumar Mahto Son of Late Jhari Mahto
23 and 24 Both Resident of Village and post - Dhori P.S.- Bermo Dist. Bokaro(Jharkhand) – 825102.
25. Sunita Devi w/o. Rajesh Mahto
R/o. KasmaKura post- Jamtana p.s. – Dumari,
Dist- Giridih (Jharkhand) – 825106
26. Rekha Devi w/o. Awadh Kishore Mahto
R/o- Dhori Basti, Sotardih, P.S- Bermo,
District- Bokaro (Jharkhand) – 825102
27. Khemlal Mahto S/o. Late Jailal Mahto (Badhan Mahto)
R/o- Dhori, Post- Dhori, P.S- Bermo
District- Bokaro (Jharkhand) – 825102
28. Koshalya Devi w/o. Late Jhari Mahto,
D/o. Late Jailal Mahto (Badhan Mahto)
R/o- Ward No. 03, Karo Basti, Bermo, Bokaro
(Jharkhand) – 829104
29. Kalawati Devi D/o- Jailal Mahto (Badhan Mahto),
W/o- Laldhari Mahto R/o- Nashiya, Fatehpur,
Bokaro (Jharkhand) – 828903
30. Umesh Mahto s/o. Hulas Mahto
31. Antu Mahto S/o. Hulas Mahto
32. Sanicharya Devi D/o. Hulas Mahto
33. Gita Devi D/o. Hulas Mahto
30 to 33 all Resident of village+post Chirudih, P.S. Nawadih District- Bokaro (Jharkhand) – 829144
34. Sandeep Kumar s/o. Sri Shyam Sunder
R/o. Dhori. Post – Dhori P.S. Bermo,
District – Bokaro (Jharkhand) – 825102
35. Asha Devi D/o. Late Gobind Mahto R/o. Village- Birni
Post- Birni P.S. – Nawadih, District- Bokaro (Jharkhand) – 829144
36. Panwa devi W/o. Late Jhari Mahto
37. Shanti Devi D/o. Gunja Mahto
Both Resident of village- Dhori, P.S.- Bermo, District- Bokaro (Jharkhand) – 825102 …………. Performa Defendants.

The plaintiff begs to state and submit as follows –

1. That, the suit land under Khata no. 83 measuring an area 25.88 Acres under various (67) Plots situated at village- Dhori, P.S-
Bermo District- Bokaro which has been fully described in schedule “A” of the plaint has been recorded in the name of Jodhwa
son of Uttma Kurmi, one share Tekwa son of Khemna kurmi, one share, Karma and Churwa son of Gunawa Kurmi one share
during the last cadastral survey operation.

2. That, the recorded tenant Jodhwa and Tekwa being an issueless given their entire share of the land fully described in Schedule
“A” of the plaint to the Churwa Kurmi during their lifetime and they put the Churwa kurmi in Khas possession over their share
and executed an Unregistered Deed of Gift in favour of the Churwa Kurmi on 15.03.1926 for the land measuring an Area 17.11
Acres which is the part and partial of the suit land.

3. That, thereafter Jodhwa Kurmi and Tekwa Kurmi died issueless. Churwa kurmi remain in cultivating possession over the share
of Jodhwa and Tekwa Kurmi along with his own share.

4. That, Karma Kurmi and Churwa Kurmi jointly sold part and partial of the land fully described in schedule “A” of the plaint to
one Lalman Mahto which has been morefully decribed in item no. I of the Schedule “B” of the plaint.

5. That, Karma Kurmi alone sold some land to the Ratan Pal, Baijnath Saw and Sontobala Devi under Khata No. 83 plot no. 2479
measuring an area 14 Decimals, 06 Decimals and 04 Decimals respectively of the said village Dhori which has been fully
described item no. II of schedule “B” of the plaint.

6. That, Karma Kurmi died leaving behind his two sons namely Punit Mahto and Lalchand Mahto, and two daughters namely
Bhuliya Devi and Laliya Devi who inherited and succeeded their father Karma Kurmi and they came in Joint possession of the
remaining share of their decreased father.

7. That, Punit Mahto also died leaving behind his widow Piyari Devi who inherited and succeeded her husband without partition by
meets and bounds and Lalchand Mahto died issueless.

8. That, Bhuliya Devi died leaving behind two sons namely Somar Mahto and Dilu Mahto and a daughter Lalita Devi who has
inherited and succeeded their father and came in Joint Possession over the share of his father without partition by meets and
bounds who is defendants.

9. That, Dilu Mahto also died leaving behind two sons namely, Dinu Mahto and Teklal Mahto who inherited and succeeded their
father and came in Joint possession over the share of Dinu Mahto without Partition by meets and bounds who are defendants of
suit.

10. That, Laliya Devi also died leaving behind her three sons namely, Loknath Mahto, Mithlesh Mahto and Dwarika Mahto and one
daughter Khedni Devi who inherited and succeeded their mother and came in Joint cultivating possession over the suit land and
fully described in Schedule “A” of this Plaint with other co-sharer without partition by meets and bounds. Loknath Mahto also
died leaving behind his six sons and three daughters who are defendant No. 9 to 14 and 16 to 18.

11. That, Churwa Kurmi died leaving behind his five sons namely, Barhan Mahto, Jailal Mahto (Badhan Mahto), Govind Mahto,
Gujar Mahto and Inder Mahto who inherited and succeeded their father Churwa Kurmi and came in joint cultivating possession
over the entire share of their father with the other co-sharer over the suit land without partition by meets and bounds.
12. That, Barhan Mahto and Inder Mahto died issueless and Jailal Mahto (Badhan Mahto) also died leaving behind his son namely
Khemlal Mahto and three daughter namely Koshalaya Devi, Ledni Devi and Kalawati Devi who inherited and succeeded their
father Jailal Mahto (Badhan Mahto), they came in joint possession over the suit land with other co-sharer without partition by
meets and bounds who are Performa defendants.

13. That, Ledni Devi also died leaving behind her two sons namely Umesha Mahto and Antu Mahto and two daughters namely
Shanicharya Devi and Geeta Devi who inherited and succeeded their mother Ledni Devi and came in joint possession over the
suit land with the other co-sharer without partition by meets and bounds who are Performa defendants of the suit.

14. That, Govind Mahto died leaving behind his two sons namely Shyam Sunder Mahto and Khagpat Mahto and a daughter Asha
Devi who inherited and succeeded their father Govind Mahto and came in joint possession over the suit land with the other co-
sharer without partition by meets and bounds. It is worth to mention here that Shyamsunder Mahto is an unsound mind thus
represented through his only son Sandeep Kumar who is Performa defendants in the suit.

15. That, Gunja Mahto died leaving behind his two sons namely Jhari Mahto and Bhim Mahto and a daughter namely Shanti Devi
who inherited and succeeded their father Gunja Mahto and came in join possession over the suit land with the other co-sharer
without partition by meets and bounds who are
Performa defendants In this suit. It is also pertinent to mention here that Bhim Mahto died issuless & aforesaid descendants of
recorded. Tanant have been clarified in Geonological Table given in foot of this plaint.

16. That, Jhari Mahto also died leaving behind his two sons namely Gopal Mahto and Binod Mahto and two daughters namely
Sunita Devi and Rekha Devi who inherited and succeeded their father Jhari Mahto and came in Joint Possession over the suit
land with the other co-sharers without partition by metes and bounds.

17. That, the plaintiff, defendants and performa defendants are Hindu and they governed by the Mitakchara School of Hindu Law.

18. That, the plaintiff, defendants and Performa defendants are in joint possession over the suit land as per their convenience without
partition by meets and bounds. It is pertinent to mention here that the modification and improvement of the suit land would not
be possible without partition by meets and bounds.

19. That, therefore the plaintiff and Performa defendants demanded the partition of the suit land but the defendants all the time put
off the matter on some the other pretext.

20. That, finally on 05.01.2023, the plaintiff made and approach to the defendants and requested them to make partition of the
suit land by meets and bounds but the defendants totally refused to do so hence the necessity of the suit.

21. That, the plaintiff, Performa defendant and defendants have got unity of title, community of interest in the suit land.

22. That, the plaintiff and Performa defendants are entitled to get 5/6 th share in the suit land fully described in schedule “A” of the
plaint.

23. That, the suit is valued at Rs. 50,00,000/- for the purpose of pecuniary Jurisdiction and court fee since this is a suit for simple
partition, hence the plaintiff paid fixed court fee thereupon and prays for the institution of the suit.

24. That, the cause of action arose on 05.01.2023 when the defendants refused to make partition of the suit land by meets and
bounds and thereafter day to day at village- Dhori, P.s.- Bermo, dist., Bokaro within the territorial jurisdiction of the learned
court.

25. That, the plaintiff pray for the following relieves: -


i. After adjudication a preliminary decree be passed in favor of the plaintiff and Performa defendant 23 to 37 declaring 5/6 th
share in the suit land fully described in schedule “A” of this plaint.

ii. A survey knowing leader commissioner be appointed to curve out the share of the plaintiffs and Performa defendant from
the suit land and accordingly a permanent decree be prepared in favor of the plaintiff and the Performa defendants be put
in khas possession over their takhta through the process of the court.

iii. A cost of the suit be awarded in favor of the plaintiff.

iv. Any other relief or relieves for which the plaintiff is entitled in law and equity be given to the plaintiff.

(Genealogical table in next page)


Genealogical table

(a) (b) (c) (d)


Jodhwa Churwa Tekwa Karma
Kurmi Kurmi Kurmi Kurmi
S/o Uttama S/o Gunawa S/o Khemna S/o Gunawa
Kurmi Kurmi Kurmi Kurmi

(i) (ii) (iii) (iv) (v)


Barhan Jailal Mahto Govind Gunja Inder
Mahto (Badhan Mahto) Mahto Mahto Mahto
(Died issueless) (Died issueless)

Khemlal Koshila Ledani Kalawati


Mahto Devi Devi Devi

Umesh Antu Shanicharya Geeta


Mahto Mahto Devi Devi

(iii)
Govind Mahto

Shyam Sunder Khagpat Asha


Mahto Mahto Devi
(unsound mind)
Sandeep Kumar

(iv)
Gunja Mahto

Jhari Mahto Bhim Mahto Shanti Devi


(died) (issueless)
(wife- Panwa Devi)

Gopal Binod Sunita Rekha


Mahto Mahto Devi Devi
w/o- Rajesh w/o- Awadh Kishor
Mahto Mahto
(R/o- Kasmakura (R/o- Dantu Khara
P.o+P.s- Dumri Po+P.s- Charhi
Giridih) Hazaribagh)

(d)
Karma Kurmi

(d.i) (d.ii) (d.iii) (d.iv)


Punit Lalchand Bhuliya Laliya
Mahto Mahto Devi Devi
(issueless)

Piyari Devi (2nd widow) Somar Dilu Lalita


(issueless) Mahto Mahto Devi
w/o- Khekha
Mahto R/o Makan
Cherki Devi (widow) Po- Poddag, P.s- Nimiyaghat,
Giridih (Jharkhand)
Bhim Mahto
Savitri Devi (widow)

Dinu Mahto Teko Mahto


(d.iv)
Laliya Devi

Loknath Mahto Mithlesh Mahto Dwarika Mahto Khedni Devi

Shiva Mahto

Suresh Mahto

Mithlesh Mahto All resident of Manjhlitand, Post-Birni

Manoj Mahto P.S- Nawadih District- Bokaro

Prakash Mahto

Shristi Mahto

Suchitra Devi wife of Nand Lal Mahto,


village- Govindpur, Bokaro Thermal

Dewanti Devi wife of Baleshwar Mahto,


village- Chaingada, Barkakana, Dist- Ramgarh (Jharkhand)

Radhika Devi wife of Tarkeshwar Mahto,


village- Kumar Daga, Post- Gola, Dist- Ramgarh
SHEDULE “A”
All the lands situated at village- Dhori, Tola- Soutardih, Mauza- Dhori, Thana No. 68, Pargana – Rampur, District-
Hazaribagh at present District- Bokaro.

Khata No. Plot No. Area in Khata No. Plot No. Area in
Acres Acres

83 813 0.11 83 1432 0.21


814 0.01 1555 0.61
1132 0.02 1629 0.61
1138 0.41 1673 2.42
1140 0.62 1674 2.45
1155 0.10 1675 2.13
1172 0.01 1688 0.07
1192 0.04 1709 0.86
1195 0.71 1714 0.69
1196 0.61 1716 0.06
1203 0.08 1717 0.04
1222 0.06 1718 0.27
1400 0.08 1739 2.46
1403 0.72 1743 0.61
1406 0.77 1745 0.10
Khata No. Plot No. Area in Khata No. Plot No. Area in
Acres Acres

83 1746 0.03 83 1772 0.04


1747 0.17 1773 0.24
1748 0.02 1774 0.02
1749 0.08 1775 0.24
1750 0.04 1777 0.62
1752 0.04 1779 0.19
1753 0.22 1806 0.82
1754 0.23 1816 0.28
1755 0.02 1823 0.20
1756 0.20 1826 0.25
1757 0.02 1832 0.02
1758 0.21 2479 0.82
1759 0.04 1449 0.58
1760 0.52
1761 0.22 Total Plots 67 and
1762 0.22 Total Area 25.88 Acres.
1763 0.03
1764 0.33
1765 0.03
1766 0.08
1768 0.66
1769 0.10
1770 0.01
1771 0.10
SCHEDULE “B”
Item No. 01
All the lands situated at village- Dhori, Tola- Soutardih, Mauza- Dhori, Thana No. 68, Pargana – Rampur, District-
Hazaribagh at present District- Bokaro.
Khata No. Plot No. Area in
Acres
83 1757 0.02
1758 0.21
1759 0.04
1760 0.52
1761 0.12
1762 0.22
83 1763 0.03
1764 0.33
1765 0.03
1766 0.08
1746 0.03
1747 0.17
1748 0.02
1749 0.08
1750 0.04
83 1752 0.04
1753 0.22
1754 0.23
1755 0.02
83 1756 0.20
1806 0.82
1816 0.28
83 1823 0.20
1769 0.10
1770 0.01
1745 0.10
1771 0.10
1772 0.04
1773 0.24
1774 0.02
1775 0.24
1743 0.61
1768 0.66
1777 0.62
1779 0.19
Total Plots 35 (Thirty Five)
Total Area 6.88 Acres.
SCHEDULE “B”
Item No. 02
All the lands situated at village- Dhori, Tola- Soutardih, Mauza- Dhori, Thana No. 68, Pargana – Rampur, District-
Hazaribagh at present District- Bokaro.
Khata No. Plot No. Area in
Acres
83 2479 0.07
2479 0.07
2479 0.06
2471 0.04
Filed on behalf of the plaintiff.
Dated.
VERIFICATION
I, Khagpat Mahto son of Late Govind Mahto the plaintiff do hereby declare that the statements made above in the plaint is
drafted according to my instruction which is read over and explained to me in Hindi to which I found true and correct to the best
of my knowledge, information and belief.
Verified and signed this at Tenughat on……………………..
AFFIDAVIT
I, Khagpat Mahto son of Late Govind Mahto, aged about- 56
years, by faith- Hindu, by occupation- Cultivation, resident of
village- Dhori, P.S- Bermo District- Bokaro (Jharkhand) do
hereby solemnly affirm and declare as follows:-

4. That, I am one of the plaintiff in the above referred suit.


5. That, I am acquainted with the facts and circumstances of the
case.
6. That, the statements made above in the plaint are true and
correct to the best of my knowledge and belief.

VERIFICATION
I, Khagpat Mahto do hereby declare that the statements made
above are true and correct to the best of my knowledge,
Information and belief. I sign this verification at Bermo at
Tenughat on ……………………..

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