Uma Shankar Choubey v. Shatrunjay Choubey And ORS

Patna High Court C.Misc. No.958 of 2016 (2) dt.27-10-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL MISCELLANEOUS JURISDICTION No.958 of 2016 ====================================================== Uma Shankar Choubey .... .... Appellant/s

Versus

Shatrunjay Choubey & Ors .... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Ajay Kumar Tiwari For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 27-10-2016 Heard learned counsel, Dr. Kishlay, appearing fro the petitioner.

2.

Perused the impugned order dated 28.07.2016 passed by the Sub-Judge-I, Bhabhua in T.S. No. 220 of 2008, whereby the learned court below rejected the objection petition filed by the petitioner to the Pleader Commissioner's report and confirmed the Pleader Commissioner's report and after conforming the Pleader Commissioner's report, the plaintiff was directed to file stamp for preparation of final decree.

3.

In view of the nature of the order passed by the court below, I find that the partition suit has been finally decided and the Pleader Commissioner's report has already been confirmed. In such circumstances, it is a final judgment and decree and now only it is to be engrossed in the stamp paper. In this view of the matter, when the petitioner has got the remedy under the Code of Civil

Patna High Court C.Misc. No.958 of 2016 (2) dt.27-10-2016 Procedure, this application under Article 227 of the Constitution of India is not maintainable. Accordingly, this civil miscellaneous application is dismissed.

Brajesh/- (Mungeshwar Sahoo, J) U