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Patna High CourtCWJC/5419/2015dismissed

Sheo Shankar Rai v. Hari Krishna Yadav And ORS

2016-02-25Mr. Justice Mungeshwar Sahoo2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5419 of 2015 ====================================================== Sheo Shankar Rai .... .... Petitioner/s

Versus

Hari Krishna Yadav & Ors .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Nagendra Rai For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 25-02-2016 1.

Heard the learned counsel, Mr. Nagendra Rai, for the petitioner.

2.

By the impugned order dated 10.09.2014, the learned Munsif IInd, Chapra has recalled his earlier order appointing survey knowing pleader commissioner in title suit No.47 of 2007. 3.

It appears that prior to the order, one survey knowing pleader commissioner had already submitted a report. Thereafter, the objection was filed by the petitioner to the said report which was rejected and the survey knowing pleader commissioner report was confirmed. Then, against that order, the petitioner filed writ application before the High Court. The High Court granted liberty to raise this question. Thereafter, on the same ground second application was filed, thereafter, application was filed by the petitioner for appointment of another survey knowing pleader

Patna High Court CWJC No.5419 of 2015 (2) dt.25-02-2016 2/2 commissioner which was allowed by the Court below then the plaintiff filed the application to recall the same. The Court below considered the various submissions and the allegations made by the plaintiff and thereafter with reasoned order has recalled the order appointing survey knowing pleader commissioner. 4.

In such view of the matter, the Court below has exercised discretionary jurisdiction and recording finding that in fact earlier pleader commissioner report has already been confirmed and the liberty has been granted to the petitioner to raise the questions about the reliability of the report of the pleader Commissioner. In such view of the matter, I do not find any reason to interfere with the impugned order in supervisory jurisdiction.

5.

Thus, this writ application is dismissed.

(Mungeshwar Sahoo, J) Sanjeev/- U T