Md. Islam v. Hosna Ara And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Revision No.106 of 2016 ====================================================== Md. Islam son of Late Abdul Quayam Resident of Mohalla - Golakhpur, P.S. - Pirbahore, District - Patna.

.... .... Petitioner/s

Versus

1. Hosna Ara daughter of Late Md. Yunus

2. Md. Aslam son of Md. Yunus Both residents of Mohalla - Mohammadpur Shahganj, P.O. and P.S. - Sultanganj, District - Patna.

3. Mehdi Hassan son of Abdul Mazid resident of Munna Khan Lodge, Mohammed Colony, Terhe Ki Maszid, P.O. and P.S. Sultanganj, District - Patna.

4. Md. Salam

5. Md. Kalam

6. Md. Munna

7. Md. Jhunna

8. Md. Saboo All are sons of Late Abdul Quayum

9. Munni Khatoon

10. Begum Khatoon Both are daughters of Late Abdul Quayum All respondent nos. 4 to 10 are residents of Mohalla - Golakhpur, P.S. - Pirbahore, District - Patna.

.... .... Opposite Parties.

====================================================== Appearance :

For the Petitioner/s : Mr. Bhanu Pratap Singh, Adv. For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE V. NATH ORAL ORDER 02-08-2016 Heard Mr. Bhanu Pratap Singh, learned counsel for the petitioner.

This revision application has been filed against the order by which the learned court below has affirmed the report submitted by the pleader commissioner regarding the delivery of possession, turning down the objection raised by the petitionerdecree holder in the proceeding. In view of the provision of Section 115 C.P.C as amended, the revision application is not

Patna High Court C.R. No.106 of 2016 (3) dt.02-08-2016 maintainable as the order, if it would have been passed in favour of the petitioner would not have been finally disposed of the suit or proceeding.

As such, this revision application is dismissed as not maintainable.

(V. Nath, J) Nitesh/- U