Vijay Kumar Maharaj v. Ram Chandra Maharaj And ORS

Patna High Court CWJC No.13601 of 2015 (4) dt.28-06-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13601 of 2015 ====================================================== Vijay Kumar Maharaj .... .... Petitioner/s

Versus

Ram Chandra Maharaj & Ors .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Amrendra Kumar Sinha No.-1 For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 28-06-2016 Heard learned counsel, Mr. Amrendra Kumar Sinha, appearing for the petitioner.

2.

The learned Additional District Judge-IV, Begusarai has rejected the application filed by the petitioner under Order 26 Rule 9 for appointment of Pleader Commissioner in T.A. No. 54 of 2012 on the ground that for what purpose, appointment of Pleader Commissioner is required, is not specifically stated in the application.

3.

During hearing of this writ application also, the learned counsel for the petitioner could not clarify as to what purpose, Survey Knowing Pleader Commissioner's report is necessary because it is admitted fact that the petitioner has filed the suit for declaration of title, which has been dismissed by the trial court.

4.

In such circumstances, I find no reason to interfere

Patna High Court CWJC No.13601 of 2015 (4) dt.28-06-2016 with the impugned order in exercise of supervisory jurisdiction under Article 227 of the Constitution of India. Thus, this writ application is dismissed.

(Mungeshwar Sahoo, J) brajesh/- U