Sudama Devi v. Mahesh Singh And ORS

Patna High Court C.Misc. No.1153 of 2016 (2) dt.24-11-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL MISCELLANEOUS JURISDICTION No.1153 of 2016 ====================================================== Sudama Devi .... .... Appellant/s

Versus

Mahesh Singh & Ors .... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Gopal Govind Mishra For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 24-11-2016 Heard the learned counsel for the petitioner. Perused the impugned order dated 15.06.2016 passed by A.D.J. III, Jehanabad in Title Suit No.5 of 2014/5 of 2015 whereby the learned Court below has rejected the application filed by the petitioner to recall the order dated 26.04.2016. From perusal of the impugned order, it appears that the Court below considered the conduct of the petitioner and held that in spite of several adjournments and also directions issued by the court, the defendant did not take trouble to produce evidence from her side and during entire proceeding, moved on filing merely time petitions.

In view of the above facts and circumstances of the case, since the Court below considered the conduct and the fact that the petitioner is not taking any step has closed the evidence, I do not find any reason to interfere with the impugned order in

Patna High Court C.Misc. No.1153 of 2016 (2) dt.24-11-2016 exercise of supervisory jurisdiction.

Accordingly, this Civil Miscellaneous application is dismissed.

(Mungeshwar Sahoo, J) Saurabh/- U