Vijay Singh v. Ramashray Singh And ORS

Patna High Court C.Misc. No.518 of 2016 (2) dt.05-09-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL MISCELLANEOUS JURISDICTION No.518 of 2016 ====================================================== Vijay Singh .... .... Appellant/s

Versus

Ramashray Singh & Ors .... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Anirudh Kumar Sinha For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 05-09-2016 Heard the learned counsel for the petitioner. Perused the order dated 24.02.2016 passed by Munsif IInd, Begusarai in Title Suit No.65 of 1996.

From perusal of the impugned order, it appears that the Court below rejected the application filed by the present petitioner for determination of the valuation of the suit property. According to the petitioner who is defendant in the Court below, the valuation of the suit property is more than one lakh. The Court below recorded clear finding that this question is not a pure question of law rather it is mixed question of fact and law. As such cannot be decided as preliminary issue.

In view of the above, I find no reason to interfere with the impugned order and accordingly, this Civil Misc. application is dismissed.

Sanjeev/- (Mungeshwar Sahoo, J) U