Rama Shankar Prasad v. Hiramati Devi @ Hiramati Kuer And ORS

Patna High Court CWJC No.7314 of 2014 (2) dt.18-02-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7314 of 2014 ======================================================

1. Rama Shankar Prasad Son of Late Radha Prasad Resident of village - Chherahi, P.S. - Daraunda, District - Siwan.

.... .... Petitioner/s

Versus

1. Hiramati Devi @ Hiramati Kuer widow of late Kanhaiya Prasad.

2. Dewanti Devi Daughter of Late Kanhaiya Prasad. Resident of village - Chherahi, P.S. - Daraunda, District - Siwan.

3. Satya Deo Prasad

4. Sona Devi widow of Late Harishankar Prasad.

5. Brahma Prasad.

6. Dharm Prasad Both sons of Late Harishankar Prasad. Resident of village - Chherahi, P.S. - Daraunda, District - Siwan. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Kamala Kant Tiwary For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 18-02-2016 Heard, learned Senior counsel, Mr. Uma Shankar Prasad, appearing on behalf of the petitioner and learned counsel, Mr. Shailendra Kumar, appearing on behalf of the respondents. By the impugned order, the court below has only allowed the application under Order 9 Rule 7 C.P.C. and set aside the order passing the case for ex-parte hearing on payment of cost of Rs. 600 and subsequently, Rs. 1000/-. Therefore, when the court below in the interest of justice has allowed the application under Order 9 Rule 7 C.P.C., there is no question of interference in supervisory jurisdiction arises. Thus, this writ application is dismissed. (Mungeshwar Sahoo, J) U brajesh/-