Pramod Sah @ Pramod Gupta v. Rajeeb Kumar Gupta And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL MISCELLANEOUS JURISDICTION No.749 of 2016 ====================================================== Pramod Sah @ Pramod Gupta .... .... Appellant/s

Versus

Rajeeb Kumar Gupta & Ors .... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Arvind Kumar Sharma For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 18-08-2016 Heard learned counsel for the petitioner.

Perused the order dated 10.06.2016 passed by Sub Judge, 1st Court, Begusarai in Title Suit No. 439 of 2014. In view of the fact that probate case has been decided against the present petitioner, the present title suit filed by the respondent being Title Suit No. 439 of 2014 could not have been stayed under Section 10 C.P.C. by the court below and therefore, the learned court below has rightly rejected the application. Even if, the petitioner has filed the appeal against the probate order, he has also got the right to file appeal if at all the decree is passed against him in Title Suit No. 439 of 2014. In view of the above factual position, in my opinion, it is not a case for interference in exercise of supervisory jurisdiction under Article 227 of the Constitution of India. Thus, this Civil Miscellaneous Application is

Patna High Court C.Misc. No.749 of 2016 (2) dt.18-08-2016 2/2 dismissed.

(Mungeshwar Sahoo, J) ajaypd./- U