Rajesh Kumar v. Anita Kumari

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL MISCELLANEOUS JURISDICTION No.106 of 2021 ====================================================== Rajesh Kumar Son of Late Uma Charan Prasad, Resident of Dadiya, Babaki, Thakurbari, Tekari Road, P.S.-Kotwali, District-Gaya. ... ... Petitioner/s

Versus

1.

Anita Kumari Wife of Manoj Kumar, Resident of Mohalla-Punjabi Colony, New Godown, P.S.-Kotwali, District-Gaya.

2.

Manoj Kumar, Son of Hari Nandan Prasad, Resident of Mohalla-Punjabi Colony, New Godown, P.S.-Kotwali, District-Gaya. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Mrigendra Kumar For the Respondent/s :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 23-11-2021 Heard learned counsel for the petitioner.

The learned counsel for the petitioner has submitted that the petitioner is defendant in eviction suit filed on the ground of personal necessity by the plaintiffs. He has filed some photographs in order to show that there was no personal necessity of the plaintiffs which was refused by the court below. From perusal of the impugned order it shows that on earlier occasion also, the petitioner had filed petition of similar nature, which was rejected by the Trial Court. The Trial Court has also observed that at this stage the pressing of this petition is a delaying tactics.

It has not been clarified by the learned counsel for the

Patna High Court C.Misc. No.106 of 2021(2) dt.23-11-2021 2/2 petitioner that when on earlier occasion the petition has already been rejected by the Trial Court, as to why that order has not been challenged, which presently has become final. I do not find any merit in this civil miscellaneous petition and accordingly it is dismissed.

(Nawneet Kumar Pandey , J) Mahesh/- U