Bahuran Mahto v. Anil Lugan And ORS

Patna High Court C.Misc. No.1125 of 2016 (2) dt.19-11-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL MISCELLANEOUS JURISDICTION No.1125 of 2016 ====================================================== Bahuran Mahto .... .... Appellant/s

Versus

Anil Lugan & Ors .... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Rajesh Kumar For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 19-11-2016 Heard learned counsel for the petitioner.

2.

Perused the impugned order dated 12.02.2016 and 29.07.2016 passed by the first order dated 12.02.2016 passed by the Sub-Judge-VI, Purnea in T.S. No. 132 of 2013, the injunction application filed by the plaintiff has been rejected. Therefore, the petitioner has got the remedy under the Code of Civil Procedure. As such, so far that order is concerned, this civil miscellaneous is not maintainable and, therefore, it is rejected.

3.

So far the order dated 29.07.2016 is concerned, it may be mentioned here that in fact the court below while disposing of the application held that the Court does not feel expedient to issue show cause and start prosecution against either of the parties. Hence, the petition of the plaintiff is rejected and the next dated was fixed for 29.07.2016. Thus, I find no reason to interferer with the impugned order in exercise of supervisory jurisdiction. Accordingly, this civil miscellaneous application is dismissed.

Brajesh/- (Mungeshwar Sahoo, J) U