Manoj Kumar @ Bablu v. Most. Rama Devi And ORS.

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6245 of 2015 ====================================================== Manoj Kumar @ Bablu .... .... Petitioner/s

Versus

Most. Rama Devi & Ors.

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

For the Petitioner/s : Mr. Laxmi Narayan Das For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 30-03-2016 Heard Mr. Laxminarayan Das, learned counsel for the petitioner.

By the order dated 09.02.2015, the learned District Judge, Patna has condoned the delay and admitted Title Appeal No. 65 of 2009 after recording the finding that the respondents, who are the appellants in Title Appeal, were prevented by sufficient cause for not filing the appeal within the stipulated period.

So far this finding recorded by the learned District Judge is concerned, it is pure finding of fact. The Hon'ble Supreme Court in the case of Jay Singh Vs. Municipal Corporation of Delhi,(2010) 9 SCC 385, has held that the High Court cannot lightly or liberally act as an appellate court and reappreciated the evidence. Generally, it cannot substitute its own conclusions for the conclusions reached by the Court below or the

Patna High Court CWJC No.6245 of 2015 (2) dt.30-03-2016 2/2 statutory/ quasi-judicial Tribunals.

In such view of the above settled proposition of law, no case for interference is made out in exercise of supervisory jurisdiction. Accordingly, this application is dismissed.

(Mungeshwar Sahoo, J) Mishra/- U