Munna Sah v. Ramashish Sah And ORS.

Patna High Court CWJC No.19079 of 2013 (3) dt.15-09-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19079 of 2013 ====================================================== Munna Sah .... .... Petitioner/s

Versus

Ramashish Sah And Ors.

.... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Dhurendra Kumar For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 15-09-2017 Heard the learned counsel for the petitioner. Perused the impugned order dated 18.01.2013 passed by learned Sub Judge Ist Motihari in Execution Case No.5 of 2011 whereby the learned Sub Judge allowed the amendment application filed by the decree holder.

From perusal of the impugned order, it appears that some decisions were cited by the petitioner before the Court below. The Court below considered these decisions and then after distinguishing the same has held that the amendment will not change the case of the decree holder. Therefore, in no case it can be said that the Court below exercised a jurisdiction not vested in it by law or that the order impugned is passed in the manner not permitted by law or it prejudiced the petitioner. Thus, no case for interference in exercise of supervisory jurisdiction is made out. Accordingly, this writ application is dismissed. Sanjeev/- (Mungeshwar Sahoo, J) U