Most. Renu Devi And ORS v. Indu Devi And ORS

Patna High Court C.Misc. No.408 of 2016 (2) dt.09-08-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL MISCELLANEOUS JURISDICTION No.408 of 2016 ====================================================== Most. Renu Devi & Ors .... .... Appellant/s

Versus

Indu Devi & Ors .... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Shashank Kumar Singh For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 09-08-2016 Heard learned counsel, Mr. Nandan Prasad, appearing for the petitioners and learned counsel, Mr. Sanjay Kumar, appearing for the respondents.

2.

Perused the order dated 16.05.2016 passed by the 1st Additional District Judge, Muzzafarpur in Probate Case No. 25 of 2008, whereby, the learned court below allowed the intervention application filed by the intervenor on the ground that he has purchased the property involved in the Will sought to be probated. The court below found that since he is the purchaser during the pendency of the Probate Case, he is vitally interested in the matter. Therefore, the court below has exercised the jurisdiction under Order 1 Rule 10 C.P.C. Thus, no case for interference in exercise of supervisory jurisdiction is made out. Accordingly, this civil miscellaneous application is dismissed.

(Mungeshwar Sahoo, J) brajesh/- U