Patna High CourtCWJC/19189/2010dismissed

Madan Prasad v. Shiv Shankar Prasad And ANR

2015-07-29Mr. Justice Rakesh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19189 of 2010 ====================================================== Madan Prasad S/O Late Motilal Sah R/O Mohalla-Shyampur, BazarAdapur, Police Station-Adapur, Distt.- East Champaran at Motihari Defendant 1st set.... .... Petitioner

Versus

1. Shiv Shankar Prasad S/O Bhagwat Prasad R/O Mohalla-Pareua Tola, Hawai Adda Road, Ward No.-2, P.S.- Raxaul, Distt.- East Champaran at Motihari

2. Ramkrishna Kumar S/O Shiv Kumar Sah R/O Mohalla-Bank Road, P.S.- Raxaul, Dsitt.- East Champaran at Motihari Defendant 2nd Set- Respondent.... .... Respondents ====================================================== Appearance :

For the Petitioner/s : Mr. Ravi S.Pankaj For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 29-07-2015 Heard learned counsel for the petitioner and learned counsel, who has appeared on behalf of private Respondents. The petitioner, invoking writ jurisdiction under Article-227 of the Constitution of India, has prayed for quashing of an order dated 10.06.2010 passed by the learned Addl. Munsif in Title Suit No.21 of 2006. By the said order, the learned court below has disposed of the petition dated 07.09.2009 filed by the petitioner as premature. After hearing and considering the pleader Commissioner's report, the court below has held that in the suit, issues were not settled and the issue raised by the petitioner can be examined at the appropriate stage of the trial. In view of the fact that issues were not settled and the

Patna High Court CWJC No.19189 of 2010 (2) dt.29-07-2015 2/2 trial court noticed that the objection raised by the petitioner can be examined at the appropriate stage of the trial, this Court is of the opinion that it is not a fit case for interference with the impugned order.

It goes without saying that the objection raised by the petitioner can be considered by the court below at the appropriate stage in accordance with law.

The writ petition stands dismissed.

(Rakesh Kumar, J) NKS/- U