Patna High CourtC.Misc./478/2016dismissed

Sachidanand Panday v. Sheo Shankar Pandey And ANR

2016-09-01Mr. Justice Mungeshwar Sahoo2 pages

Patna High Court C.Misc. No.478 of 2016 (3) dt.01-09-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL MISCELLANEOUS JURISDICTION No.478 of 2016 ====================================================== Sachidanand Panday .... .... Appellant/s

Versus

Sheo Shankar Pandey & Anr .... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Dr. Anshuman For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 01-09-2016 Heard the learned counsel, Mr. Anshuman for the petitioner.

Perused the impugned order dated 09.03.2016 passed by Sub Judge I, Bhagalpur in Title Suit No.131 of 2005 whereby the learned Court below rejected the application filed by the petitioner under Order XIV Rule 5 for deciding two further issues mentioned in the application.

From perusal of the impugned order, it appears that the hearing of the suit was going on and at that stage earlier same application was filed which was rejected by the Court below. Then the petitioner came to this Court and this Court directed the petitioner to raise this question, if it is not decided by the court. Thereafter again, this application was filed before the court which has been rejected by the Court below by the impugned order but again the petitioner is coming to this Court against the said order.

Patna High Court C.Misc. No.478 of 2016 (3) dt.01-09-2016 It appears that the petitioner is playing a dilatory tactics to delay the disposal of the suit. I find no jurisdictional error in the impugned order and, therefore, this Civil Miscellaneous application is dismissed with cost of Rs.5,000 paid by this petitioner which is to be deposited in the Court below within one month from today.

If the amount is deposited, the plaintiffs-respondents shall be at liberty to withdraw the same. If it is not deposited, the Court below shall realize the same through the process of the Court and proceed to decide the suit accordingly. (Mungeshwar Sahoo, J) Saurabh/- U T