Vindhyachal Kanu And ANR v. Kedar Kanu And ORS

Patna High Court CWJC No.3169 of 2015 (2) dt.10-03-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3169 of 2015 ====================================================== Vindhyachal Kanu & Anr .... .... Petitioner/s

Versus

Kedar Kanu & Ors .... .... Respondent/s ====================================================== Appearance :

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

====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 10-03-2016 Heard the learned counsel, Mr. Vijay Shanker Tiwary, for the plaintiff petitioner.

Perused the order passed by the Court below. It appears that the pleader commissioner was examined as witness in the case and the cross-examination has already been made. Therefore, the relevancy, reliability or otherwise of the pleader commissioner evidence or report shall be considered finally by the trial Court at the time of argument of the case or at the time of passing the Judgment. The petitioner is at liberty to raise all these questions at the time of hearing. However, so far the impugned order is concerned, there is no question of interference in supervisory jurisdiction arises. Thus, this writ application is dismissed.

Sanjeev/- (Mungeshwar Sahoo, J) U