Nand Kishore Prasad v. Manju Devi

Patna High Court CWJC No.23575 of 2012 (2) dt.02-02-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.23575 of 2012 ====================================================== Nand Kishore Prasad S/o Shiv Kumar Prasad, R/o Moh-Addapur, P.O and P.S. Sohsarai, Distt-Nalanda .... .... Petitioner

Versus

Manju Devi W/o Sidheswar Prasad, R/o Moh-Sohsarai, P.S. Sohsarai under Nagarpalika Biharsharif, Distt-Nalanda .... .... Respondent ====================================================== Appearance :

For the Petitioner/s : Mr. Pramod Kumar Sinha, Advocate. For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 02-02-2016 Heard learned counsel for the petitioner.

Gone through the order impugned.

The present lis relates with determination of inter se relationship amongst the parties, as landlord and tenant though, the defendant had denied the same. Further more, in written statement, the original defendant had claimed that the land in question was gifted by their grandmother in his favour as well as in favour of his elder brother Nand Kishore Prasad, the petitioner. It has been submitted on behalf of the petitioner that original defendant had died and his wife along with minor child had gone to her Naihar. Therefore, petitioner should be allowed to be substituted or be allowed to be impleaded as a intervener which, the learned lower Court had rightly rejected. Petitioner may have many options available but so far his presence, in the present

Patna High Court CWJC No.23575 of 2012 (2) dt.02-02-2016 suit is concerned, that cannot.

Accordingly, the instant petition is rejected. (Aditya Kumar Trivedi, J.) Amit/- U