Sideo Singh v. Bhagawan Singh

Patna High Court CWJC No.2762 of 2015 (2) dt.27-01-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2762 of 2015 ======================================================

1. Sideo Singh son of Late ram Khelawan Singh Resident of Village: Sadanandpur, At Present Residing at Village- Sikandarpur, Police StationPunpun, District- Patna. .... .... Petitioner/s

Versus

1. Bhagawan Singh Son of Ram Prasad Resident of village- Rukunpura, P.S.- Gardini Bagh, District- Patna At present resident of villageSikandarpur, P.S,.- Punpun, District- Darbhanga. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Bishwanath Prasad Singh For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 27-01-2016 Heard learned counsel for the petitioner.

The plaintiff-appellant-petitioner has challenged the order dated 22.12.2004 passed by the learned Additional District Judge, Patna in Title Appeal No. 38 of 2007, whereby the court below has only said that the application under Order 41 Rule 27 C.P.C. shall be considered at the time of hearing of the appeal itself.

Since the order passed by the court below is in conformity with the decision of the Supreme Court in the case of Union of India Vs. Ibrahim Uddin & Anr. reported in 2013 (1) 48 SC, it needs no interference in supervisory jurisdiction. Thus, this writ application is dismissed.

(Mungeshwar Sahoo, J.) brajesh/- U