Jagarnath Mahton And ANR v. Most. Meena Devi And ORS

Patna High Court CWJC No.3222 of 2016 (2) dt.14-07-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3222 of 2016 ====================================================== Jagarnath Mahton & Anr .... .... Petitioner/s

Versus

Most. Meena Devi & Ors .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Kumar Kamal Nayan For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 14-07-2016 Heard learned counsel Mr. Anirudha Kumar Verma for the petitioners.

It appears that by the impugned order dated 21.11.2015 passed in Miscellaneous Appeal No.15 of 2013 the learned District Judge, Munger has set aside the order of injunction passed by the trial court in Title Suit No.123 of 2012 whereby the injunction application was rejected and the matter has been remanded for a fresh decision.

Since till today there is no injunction and according to remand order injunction application is to be decided afresh by the trial court, in my opinion, no prejudice is caused to the petitioners. Therefore, I find no reason to interfere with the impugned order in exercise of supervisory jurisdiction.

Accordingly, this writ application is dismissed. Harish/- (Mungeshwar Sahoo, J) U