Mahesh Prasad Singh And ORS v. M/S Sangita Housing Development Pvt. Ltd.

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14910 of 2014 ======================================================

1. Mahesh Prasad Singh Son of Late Birendra Prasad Singh

2. Kumar Harsh Son of Mahesh Prasad Singh

3. Rahul Singh Son of Mahesh Prasad Singh All resident of G - 2, Vashnao Apartment, Boring Canal Road, P.S. S.K. Puri, District - Patna .... .... Petitioner/s

Versus

M/s Sangita Housing Development Pvt. Ltd. through Managing Director, Surendra Kumar Singh Resident of 42, Surya Apartment, Frazer Road, P.S. Kotwali, District - Patna .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Amaresh Kumar Singh, Adv. For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE V. NATH ORAL ORDER 22-10-2016 Nobody appears on behalf of the petitioners.

The present application has been filed questioning the legal sustainability of the impugned order by which the learned court below has appointed the Advocate Commissioner to verify and submit report as to whether the Flat No. 202 of Vashnao Apartment is lying vacant or occupied by the decree holder or judgment debtor or not.

After considering the facts on record as well as the impugned order, it does not appear that the learned court below has committed any illegality or material irregularity in passing the impugned order for appointing the Advocate Commissioner for

Patna High Court CWJC No.14910 of 2014 (2) dt.22-10-2016 verifying the fact as to whether the aforesaid flat is lying vacant or not. Such an order will not prejudice the case of either party and also does not suffer from illegality or material irregularity. The application is, accordingly, dismissed.

(V. Nath, J) Devendra/- U