Patna High CourtCWJC/15568/2013dismissed

Sheo Kumar Prasad Singh v. Prema Nand Singh And ANR

2017-01-19Mr. Justice V. Nath2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15568 of 2013 ===========================================================

1. Sheo Kumar Prasad Singh Son Of Late Sitaram Prasad Singh Resident Of Village Pakra Police Station Naugachia District Bhagalpur .... .... Petitioner/s

Versus

1. Prema Nand Singh Son Of Late Shyam Sunder Singh Resident Of Village Pakra P.S. Naugachia District Bhagalpur

2. Upendra Sharma Son Of Latep Puran Sharma Resident Of Village Nawada Police Station Naugachia District Bhagalpur .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. BRAJESH KUMAR SINGH, ADV For the Respondent/s : Mr.

=========================================================== CORAM: HONOURABLE MR. JUSTICE V. NATH ORAL JUDGMENT Date: 19-01-2017 Heard learned counsel for the petitioner.

Learned counsel for the petitioner has fairly submitted that after filing of the present application, the tenant respondent no. 2 has vacated the suit premises and now there is no tenant over the suit land and there is no building in question over the suit land. It has been further also submitted by the learned counsel for the petitioner that the dispute is now between the co-sharers of the petitioner and there is no dispute surviving with any tenant. The learned counsel for the petitioner has, therefore, prayed that appropriate observation may be made in this application for protecting the right, title

Patna High Court CWJC No.15568 of 2013 dt.19-01-2017 and interest of the petitioner.

In the backdrop of the aforesaid submissions, this writ application which has arisen out of the eviction suit has now become infructuous and is dismissed as such. It goes without saying that the petitioner shall have all the liberty to pursue his remedies available to him in accordance with law to establish his right title and interest in the suit property.

(V. Nath, J) Ranjan/- AFR/NAFR CAV DATE Uploading Date 03.02.2017 Transmission Date