Keshaw Ranjan Kumar Sinha v. Asha Kumari And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4731 of 2014 ====================================================== Keshaw Ranjan Kumar Sinha .... .... Petitioner/s

Versus

Asha Kumari & Ors .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Chandra Kant For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 14-12-2015 Heard learned counsel Mr. Chandra Kant for the petitioner.

By the impugned order dated 16.01.2014 passed by Subordinate Judge-III, Siwan in Title Suit No.55 of 1978 the court below only directed to mark photocopy of the sale deed as secondary evidence with objection and granted liberty to the petitioner to raise the admissibility, relevancy and validity or otherwise of the said sale deed at the time of hearing of the suit considering the age of title suit which is of the year 1978. Since the liberty has been granted by the court below in the impugned order itself, the petitioner may raise all these questions which are being now raised before this Court in this writ application at the time of hearing of the suit. However, the

Patna High Court CWJC No.4731 of 2014 (2) dt.14-12-2015 impugned order at this stage cannot be interfered with in exercise of supervisory jurisdiction.

Thus, this writ application is dismissed.

(Mungeshwar Sahoo, J) Harish/- U