Sri Bani Bhushan Rai v. Sri Rajmani Rai And ORS

Patna High Court C.Misc. No.76 of 2016 (2) dt.02-08-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL MISCELLANEOUS JURISDICTION No.76 of 2016 ====================================================== Sri Bani Bhushan Rai .... .... Appellant/s

Versus

Sri Rajmani Rai & Ors .... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Sanjay Kumar Sharma For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 02-08-2016 Heard the learned counsel for the petitioner. Perused the order dated 05.02.2016 passed by Sub Judge VI, Patna City in Title Suit No.280 of 2014.

From perusal of the impugned order, it appears that the Court below on the basis of the documents filed by the interveners recorded a clear finding that the interveners are related with the suit property. Therefore, when the finding of the Court below is based on documents, the rights of the parties can only be decided in the suit itself and not in the matter of interlocutory application. Thus, the Court below has rightly allowed the intervention application. I, therefore, find no reason to interfere with the impugned order in exercise of supervisory jurisdiction. Accordingly, this civil miscellaneous application is dismissed.

(Mungeshwar Sahoo, J) Saurabh/- U T