Asha Devi And ANR v. Smt. Sunita Sinha

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1836 of 2015 ====================================================== Asha Devi & Anr .... .... Petitioner/s

Versus

Smt. Sunita Sinha .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Anil Kumar For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 03-03-2016 Heard learned counsel, Mr. Anil Kumar, for the petitioners.

By the impugned order dated 05.11.2014, the learned Sub-Judge Vth, East Champaran at Motihari has rejected the objection petition filed by the petitioners to the Pleader Commissioner's report in Title Suit No. 175 of 2013. From perusal of the impugned order, it appears that the Court below, after considering the objection raised by the petitioners found that the objection of the petitioners have got no factual foundation.

In view of the above finding, even if another view is possible, the High Court cannot take the other view for the purpose of supervising the impugned order passed by the Court below. Therefore, impugned order cannot be interfered with in exercise of supervisory jurisdiction under Article 227 of the

Patna High Court CWJC No.1836 of 2015 (2) dt.03-03-2016 2/2 Constitution of India.

Thus this writ application is dismissed.

However, the petitioner is at liberty to raise this question at the time of hearing.

(Mungeshwar Sahoo, J) ravi/- U T