Patna High CourtC.Misc./12/2017dismissed

Sheikh Sakoor And ANR v. Sheikh Hasan Ali And ORS

2017-01-17Mr. Justice Mungeshwar Sahoo1 pages

Patna High Court C.Misc. No.12 of 2017 (2) dt.17-01-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL MISCELLANEOUS JURISDICTION No.12 of 2017 ====================================================== Sheikh Sakoor & Anr .... .... Petitioner/s

Versus

Sheikh Hasan Ali & Ors .... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Javed Aslam For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 17-01-2017 Heard the learned counsel, Mr. Bishwanath Choudhary for the petitioners.

Perused the impugned order dated 02.11.2016 passed by Sub Judge 11th, Gopalganj in Final Decree Case No.23 of 1951 whereby the learned Court below rejected the objection filed by the petitioners to the Pleader Commissioner's report and thereby confirmed the Pleader Commissioner's report and directed the decree holder to file stamp duty so that the final decree will be engrossed.

In my opinion, the impugned order is appealable under Section 96 of the Code of Civil Procedure. Therefore, this civil miscellaneous application is not maintainable under Article 227 of the Constitution of India.

Accordingly, this civil miscellaneous application is dismissed.

Saurabh/- (Mungeshwar Sahoo, J) U T