Patna High CourtC.Misc./412/2017dismissed

Chhathu Sah And ORS v. Vidya Sagar Dusadh And ORS

2017-05-11Mr. Justice V. Nath2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL MISCELLANEOUS JURISDICTION No.412 of 2017 ===========================================================

1. Chhathu Sah

2. Tej Narayan Sah

3. Ram Narayan Sah All are sons of Sri Lallu Sah resident of village - Sikariya, P.S. Tiar, Anchal - Bihiya, District - Bhojpur. .... .... Appellant/s

Versus

1. Vidya Sagar Dusadh

2. Ramrup Dusadh

3. Raj Kumar Dusadh

4. Ram Ishwar Dusadh All are sons of Late Dhanesar Dusadh resident of Village - Sikariya, P.O. & P.S. - Tiar, District - Bhojpur.

5. Jai Nath Choubey son of Late Ram Bali Choubey

6. Ashok Kumar son of Jai Nath Choubey

7. Shankar Ji Choubey son of Jai Nath Choubey

8. Narad Muni Choubey son of Late Ram Nath Choubey

9. Kaushal Kumar Choubey son of Narad Muni Choubey

10. Arun Kumar Choubey son of Narad Muni Choubey

11. Dhananjay Choubey son of Narad Muni Choubey All are residents of village - Sikariya, P.O. & P.S. - Tiar, District - Bhojpur. .... .... Respondent/s =========================================================== Appearance :

For the Appellant/s : Mr. Maya Shankar Mishra, Adv. For the Respondent/s : Mr.

=========================================================== CORAM: HONOURABLE MR. JUSTICE V. NATH ORAL JUDGMENT Date: 11-05-2017 Heard learned counsel for the petitioners.

By the impugned order, the learned court below has rejected the prayer of the petitioners for being impleaded as intervenor-defendants in the suit.

Patna High Court C.Misc. No.412 of 2017 dt.11-05-2017 The plaintiff has filed the suit for declaration of survey entry in the name of the defendants as illegal and incorrect and not binding upon the plaintiff as well as public at large in the village. Evidently, there is no relief claimed against the defendants. During the course of submission, it could not be established on behalf of the petitioners that any right, title and interest over the suit land which the present petitioners claim is going to be affected by the decree in the suit. As such, this Court does not find any reason to invoke the jurisdiction under Article 227 of the Constitution of India. The application is, accordingly, dismissed.

(V. Nath, J) Devendra/- AFR/NAFR CAV DATE Uploading Date 15.05.2017 Transmission Date