Chandeshwar Singh And ANR v. Naresh Prasad Singh And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18827 of 2015 ====================================================== Chandeshwar Singh & Anr .... .... Petitioner/s

Versus

Naresh Prasad Singh & Ors .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Rajesh Kumar Sharma For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 29-06-2016 Heard learned counsel Mr. V.K. Sharma for the petitioners.

From perusal of the impugned judgment passed by the lower appellate court in Miscellaneous Appeal No.19 of 2010, I find that the lower appellate court has only allowed the miscellaneous appeal and has set aside the order dated 07.12.2010 passed by Munsif-II, Samastipur in Title Suit No.27 of 2010. No order has been passed with respect to the relief claimed by the plaintiff in the injunction application. The present petitioners have not been restrained by order of the lower appellate court. The lower appellate court has nowhere stated in the judgment the relief to which the plaintiff-appellant-respondent is entitled. Therefore, when the lower appellate court has merely set aside the order passed by the trial court, there cannot be any presumption that injunction application has either been allowed or the petitioners

Patna High Court CWJC No.18827 of 2015 (2) dt.29-06-2016 herein have been restrained. In my opinion, therefore, there is no question of being aggrieved by the petitioners arises. I, therefore, find that the impugned judgment needs no interference in supervisory jurisdiction. Accordingly, this writ application is disposed of with the aforesaid observation. (Mungeshwar Sahoo, J) Harish/- U