Sri Lokesh Shukla v. Sri Amrendra Kumar Verma And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL MISCELLANEOUS JURISDICTION No.335 of 2016 ====================================================== Sri Lokesh Shukla .... .... Appellant/s

Versus

Sri Amrendra Kumar Verma & Ors .... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Rajive Ranjan Singh For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 19-08-2016 Heard learned counsel Mr. Rajive Ranjan Singh for the petitioner.

Perused the order dated 11.04.2016 passed by learned Subordinate Judge-IX, Bhagalpur in Title Suit No.234 of 2008 whereby the learned court below has allowed the intervention application filed by the intervener on the ground that she is a subsequent purchaser of the property for which the suit for specific performance of contract has been filed by the petitioner. It appears that prior to institution of the suit the defendant of the suit had already transferred the property in the year 2007 to a third person and that third person has transferred the property to the present intervener in the year 2010. In view of the above facts and circumstances of the case, particularly when the intervener is purchaser of the property for which the suit for specific performance has been filed, the learned

Patna High Court C.Misc. No.335 of 2016 (2) dt.19-08-2016 court below has rightly allowed the intervention application. As such this is not a case for interference in exercise of supervisory jurisdiction. Thus, this civil miscellaneous application is dismissed.

(Mungeshwar Sahoo, J) Harish/- U