Md. Islam v. Hosna Ara And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL MISCELLANEOUS JURISDICTION No.1434 of 2016 ====================================================== Md. Islam .... .... Appellant/s

Versus

Hosna Ara & Ors .... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Bhanu Pratap Singh For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 20-12-2016 Heard the learned counsel for the petitioner. This application has been filed against the order dated 23.05.1998 passed by Subordinate Judge Ist, Patna in Execution case No.1 of 1980.

It appears that by the impugned order, the Court below has rejected the objection petition filed by the plaintiff petitioner to the report of the pleader commissioner. The Court below clearly recorded a finding that the report of the pleader commissioner is according to the order dated 14.08.1992. Accordingly, the Court below rejected the application filed by the petitioner. In view of the above facts, since the petitioner is approaching this Court under Article 227 of the Constitution of India after 18 years, on this ground alone, the petitioner's application is liable to be dismissed. Further the Court below in the impugned order clearly recorded that the objection filed by the

Patna High Court C.Misc. No.1434 of 2016 (2) dt.20-12-2016 2/2 petitioner has got no merit as the report of the pleader commissioner is in conformity with the order of the year 1992. Accordingly, this Civil Misc. application is dismissed. (Mungeshwar Sahoo, J) Sanjeev/- U T