Krishna Kumar Singh And ANR v. Durgawati Singh @ Durga Singh And ORS

Patna High Court C.Misc. No.1324 of 2016 (2) dt.25-11-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL MISCELLANEOUS JURISDICTION No.1324 of 2016 ====================================================== Krishna Kumar Singh & Anr .... .... Appellant/s

Versus

Durgawati Singh @ Durga Singh & Ors .... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Jitendra Kishore Verma For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 25-11-2016 Heard the learned counsel, Mr. J.K.Verma for the petitioners.

Perused the impugned order dated 12.08.2016 passed by the learned Sub Judge V, Ara in Money Suit No.11 of 2014. From perusal of the order passed by the Court below, it appears that the Court below has assigned reason for not staying the subsequent suit for money filed by the plaintiffs-respondents. Admittedly, the subsequent suit has been filed for realization of half share in the money described in the schedule of the money suit. This amount which is described in the money suit is not the subject matter of the partition suit. Therefore, I find no reason to interfere with the impugned order.

Accordingly, this Civil Miscellaneous application is dismissed.

Saurabh/- (Mungeshwar Sahoo, J) U T