Indradeo Prasad Indu And ORS v. Smt. Usha Devi And ORS

Patna High Court C.Misc. No.406 of 2016 (3) dt.10-02-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL MISCELLANEOUS JURISDICTION No.406 of 2016 ====================================================== Indradeo Prasad Indu & Ors .... .... Appellant/s

Versus

Smt. Usha Devi & Ors .... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Jitendra Prasad Singh For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 10-02-2017 1.

Heard the learned counsel for the petitioner and the learned counsel for the respondent.

2.

Perused the impugned order dated 27.04.2016 passed by Sub Judge-I, Sherghati, Gaya in Partition Suit No.293 of 2008 whereby the learned Court below rejected the application under Section 4(C) of the Bihar Consolidation of Holdings and Prevention of Fragmentation Act, 1956.

3.

Admittedly, no notification was brought on record by the petitioner. The issue which is being raised by the petitioner may be an issue which shall be decided along with other issues as provided under Order 14 Rule 2 CPC.

4.

Therefore, I find no reason to interfere with the impugned order in exercise of supervisory jurisdiction. Thus, this Civil Misc. application is dismissed.

Sanjeev/- (Mungeshwar Sahoo, J) U T