Khalil Miyan @ Khalil And ORS v. Madan Singh

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10920 of 2015 ====================================================== Khalil Miyan @ Khalil & Ors ... .... Petitioner/s

Versus

Madan Singh ... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Santosh Kumar,Advocate For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 28-04-2016 Heard the learned counsel Miss. Mercy on behalf of the petitioners.

By the impugned order dated 28.04.2015, the learned District Judge, Kaimur at Bhabhua rejected the application filed by the petitioners under Order XVI Rule 6 CPC in Title Appeal No. 43 of 2014.

From perusal of the order, it appears that the Court below hold that this matter, which now the appellant-petitioner is praying that can be effectively decided only at the time of hearing of the title appeal and the appeal is not yet fixed for hearing and therefore, rejected the application.

In my opinion, the order passed by the Court below is covered with the judgment of the 2013 (1) PLJR 48 (SC) Union of India Vrs. Ibrahim Uddin and another. Therefore, the impugned order passed by the Court below cannot be interfered with and as such, this writ application is dismissed.

(Mungeshwar Sahoo, J) ravi/- U T