Jai Kumar Ram And ORS v. Radha Devi And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL MISCELLANEOUS JURISDICTION No.439 of 2016 ====================================================== Jai Kumar Ram & Ors .... .... Appellant/s

Versus

Radha Devi & Ors .... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Anish Chandra Sinha For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 26-08-2016 Heard the learned counsel, Mr. Anish Chandra Sinha, for the petitioner.

Perused the impugned order dated 2.4.2016 passed by learned Execution Munsif, Ara in Eviction Case No.3 of 2003 whereby the learned Court below allowed the application filed by the plaintiff respondent under Order 1 Rule 10 CPC and has deleted the name of defendant on the ground mentioned in the order impugned.

According to the learned Court below, the plaintiff is not desirous of fighting the case against the said defendants whose names have been deleted as some of them has vacated the suit premises and some have left the suit premise and in fact the other remaining defendants are in occupation of the suit premises. In view of the above facts and circumstances of the case, when the Court below has exercised the jurisdiction under

Patna High Court C.Misc. No.439 of 2016 (2) dt.26-08-2016 2/2 Order 1 Rule 10 CPC, in my opinion, no case for interference in supervisory jurisdiction is made out.

Thus, this Civil Misc. application is dismissed. (Mungeshwar Sahoo, J) Sanjeev/- U T