Ram Bahadhur Mahto v. Ashok Mahto

Patna High Court C.Misc. No.430 of 2016 (2) dt.26-07-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL MISCELLANEOUS JURISDICTION No.430 of 2016 ====================================================== Ram Bahadhur Mahto .... .... Appellant/s

Versus

Ashok Mahto .... .... Respondent/s ====================================================== Appearance :

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

====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 26-07-2016 Heard the learned counsel, Mr. Pramod Kumar Sinha, for the petitioner.

Perused the order dated 11.04.2016 passed by Munif Ist Begusarai in Title Eviction Suit No.6 of 2010 whereby the learned Court below has refused to stay further proceeding of eviction suit on the ground that title suit filed by the petitioner is pending. The learned Court below has held that the question to be decided in both the suits are entirely different. In such view of the matter, in my opinion, the order passed by the Court below is within jurisdiction of the Court and it cannot be said that the Court below passed the order in the manner not permitted by law. Thus, I find no reason to interfere with the impugned order. Accordingly, this Civil Misc. application is dismissed. Sanjeev/- (Mungeshwar Sahoo, J) U T