Md. Khalid Shaheen @ v. Mukhtar Ahmad

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.25040 of 2013 ======================================================

1. Md. Khalid Shaheen @ Khalid Shaheen Son of Md. Eshteyaque Chaudhary Mohalla Police Station and District Katihar .... .... Petitioner/s

Versus

1. Mukhtar Ahmad, Son of Late Md. Abid Hussain, Resident of Village - Salmari, Police Station - Azamnagar, Distt. Katihar .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Md. Qumrul Hoda, Advocate For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 07-12-2017 This writ application has been filed to set aside the order dated 16.08.2013 passed by Additional Munsif-VI, Katihar in Eviction Suit No.03 of 2004 whereby and whereunder the learned Munsif has rejected the petition filed on behalf of the petitioner.

2. Heard learned counsel for the petitioner and perused the record.

3. It appears that the plaintiff-respondent filed an eviction suit against the petitioner for his eviction from the suit premises. The defendant-petitioner denied the personal necessity of respondent and filed a petition under Order 11 Rule 2 of C.P.C. The court below after hearing both sides rejected the petition observing that the petition has been filed at a very late stage when the argument has begun. The court below while rejecting the

Patna High Court CWJC No.25040 of 2013 (2) dt.07-12-2017 petition has observed that the defendant could get necessary answer in the cross-examination of witness. The court below did not find any merit in the said petition and has rightly rejected the petition of the petitioner.

4. In view of above facts and circumstances, I do not find any illegality in the impugned order requiring any interference. Accordingly, this writ application is dismissed. (Sanjay Kumar, J) Harish/- U