Raghunath Sharma v. Rajkeshwar Kuer And ORS.

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6511 of 2015 ====================================================== Raghunath Sharma .... .... Petitioner/s

Versus

Rajkeshwar Kuer & Ors.

.... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Santosh Kumar Pandey, Advocate. For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 31-03-2016 Heard learned counsel for the petitioner.

Perused the order dated 19.01.2015 passed by the Additional District Judge-IV, Aurangabad in Title Appeal No. 34 of 2006/08/2009 whereby the Court below has rejected the application under Order XLI Rule 27 of the Code of Civil Procedure recording a finding that so far certain document i.e. registered sale deed is concerned, the petitioner failed to show any relevancy of the said document and so far another document is concerned, certified copy of said document has already been marked as Ext-3.

According to the Court below, none of the clauses of Order XLI, Rule-27 is applicable and therefore, the learned Court below has rejected the application.

In such view of the matter when the Court below has exercised the jurisdiction and held that Order XLI, Rule-27 is not

Patna High Court CWJC No.6511 of 2015 (2) dt.31-03-2016 2/2 applicable, no case for interference in supervisory jurisdiction is made out and accordingly, this writ application is dismissed. (Mungeshwar Sahoo, J.) Amit/- U T