Harimohan Perasad And ORS v. Binod Kumar And ORS

Patna High Court C.Misc. No.656 of 2016 (3) dt.09-02-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL MISCELLANEOUS JURISDICTION No.656 of 2016 ====================================================== Harimohan Prasad & Ors .... .... Petitioner/s

Versus

Binod Kumar & Ors .... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Ritu Raj Thakur For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 09-02-2017 Heard the learned counsel for the petitioners and the learned counsel for the respondents.

Perused the impugned order dated 03.06.2016 passed by learned 10th A.D.J., Saran at Chapra in Probate Case No.16 of 2006/Title Suit No.1 of 2007 whereby the learned court below has rejected the application filed by the petitioners for directing the office to send the disputed signature for comparison to C.F.S.L., Patna and has send the same to C.F.S.L., New Delhi. The only apprehension of the petitioner is that the two sons of the respondent are working in New Delhi, therefore, they may influence the C.F.S.L.

In my opinion, only on the ground of apprehension, no supervisory jurisdiction can be exercised under Article 227 of the Constitution of India particularly when the order do not suffers

Patna High Court C.Misc. No.656 of 2016 (3) dt.09-02-2017 from jurisdictional error.

Accordingly, this civil miscellaneous application is dismissed.

(Mungeshwar Sahoo, J) Saurabh/- U T