Smt. Ram Kumari Devi And ORS v. Sri Ram Kailash Mishra And ORS

Patna High Court C.Misc. No.323 of 2016 (2) dt.29-06-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL MISCELLANEOUS JURISDICTION No.323 of 2016 ====================================================== Smt. Ram Kumari Devi & Ors .... .... Appellant/s

Versus

Sri Ram Kailash Mishra & Ors .... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Pramod Kumar Sinha For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 29-06-2016 Heard learned counsel, Mr. Pramod Kumar Sinha, appearing for the petitioners.

2.

Perused the order dated 12.02.2016 passed by the Sub-Judge, VIth, Begusarai in T.S. No. 337 of 2011, whereby the court below has allowed the application filed by the plaintiff under Order 23 Rule 1 C.P.C. to withdraw the suit against the petitioners, who were defendant Nos. 6 to 9 in the suit. 3.

From perusal of the order, it appears that the court below has simplicitor directed the suit to be withdrawn against the defendant Nos. 6 to 9, petitioners herein.

4.

In such circumstances, I find no reason to interfere with the impugned order in exercise of supervisory jurisdiction Thus, this writ application is dismissed.

(Mungeshwar Sahoo, J) brajesh/- U