Vijay Kumar Khetan v. Sushil Khetan And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10493 of 2015 ====================================================== Vijay Kumar Khetan .... .... Petitioner/s

Versus

Sushil Khetan & Ors .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Tarkeshwar Pd. Verma,Advocate. For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 27-04-2016 Heard learned senior counsel Mr. Ganpati Trivedi on behalf of the petitioner.

It appears that both the Courts below recording finding that the plaintiff-petitioner has got no prima-facie and the balance of convenience is not in favour of the plaintiff-petitioner, rejected the injunction application.

It appears that the partition suit was filed by the plaintiff. In the said partition suit, the defendant took defence that there had already been previous partition, thereafter injunction application was filed. The trial Court rejected the same. The appellate Court has confirmed the order. Now therefore, in exercise of supervisory jurisdiction under Article 227 of the Constitution of India, the reasonings assigned by the court below cannot be examined or the order cannot be interfered with on the ground that some of the evidences or facts were not considered by

Patna High Court CWJC No.10493 of 2015 (2) dt.27-04-2016 2/2 the appellate Court. I, therefore, find no reason passed by both the courts below and thus, this writ application is dismissed. (Mungeshwar Sahoo, J) ravi/- U T