Rajeshwar Prasad And ORS v. Indra Deo Singh And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13996 of 2015 ====================================================== Rajeshwar Prasad & Ors .... .... Petitioner/s

Versus

Indra Deo Singh & Ors .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Pramod Mishra For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 20-06-2016 Heard learned counsel Mr. Pramod Kumar for the petitioners.

It appears that the trial court rejected the injunction application filed by the plaintiffs-petitioners in Title Suit No.92 of 2012. Against the said order the plaintiffs-petitioners filed Miscellaneous Appeal No.33 of 2013 before the lower appellate court. The learned 4th Additional District Judge, Bhojpur at Ara clearly recorded finding that the plaintiffs have no prima facie case nor balance of convenience lies in favour of plaintiffs nor the plaintiffs shall suffer serious loss and irreparable injury and accordingly confirming the finding of the trial court rejected the appeal.

In view of the above facts and circumstances of the case and the concurrent findings recorded by both the courts

Patna High Court CWJC No.13996 of 2015 (3) dt.20-06-2016 below, in my opinion, no case is made out for supervision under Article 227 of the Constitution of India.

Thus, this writ application is dismissed.

(Mungeshwar Sahoo, J) Harish/- U