Sunaina Devi v. Kanti Devi And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL MISCELLANEOUS JURISDICTION No.1777 of 2017 ====================================================== Sunaina Devi Daughter of Late Suresh Singh, Wife of Ram Awtar Singh, Resident of Village-Bharpura Sonepur, P.O. Bharpura, P.S. Sonepur, DistrictSaran. ... ... Petitioner/s

Versus

1.

Kanti Devi Wife of Sri Arun Kumar 2.

Arun Kumar, Son of Late Sidhnath Prasad Both Resident of VillageBharpura, Pargana-Kasmar, P.S. Sonpur, District-Saran. 3.

Musmat Chhathiya Devi, Wife of Late Kanhaiya Rai, Both Resident of Village-Bharpura, Pargana-Kasmar, P.S. Sonpur, District-Saran. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Nachiketa Jha, Adv.

For the Respondent/s :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 27-01-2025 Heard learned counsel for the petitioner.

02. The instant petition has been filed against the order dated 06.07.2017 passed by the learned Munsif, Sonepur, Saran in Title Suit No. 59 of 2010, whereby and whereunder the learned Munsif rejected the application dated 12.09.2016 filed by the petitioner seeking appointment of Receiver on the building situated in the suit land. The said application was filed under Order-XL Rule-1 r/w Section of the Code of Civil Procedure, 1908 (for short 'the Code').

03. Now, Order-XLIII Rule-1(s) of the Code provides that an appeal shall lie against an order under Rule-1 or Rule-4 of Order-XLIII of the Code. Hence, the present petition is not

Patna High Court C.Misc. No.1777 of 2017(2) dt.27-01-2025 2/2 maintainable and the same is disposed of as such. (Arun Kumar Jha, J) Ashish/- U