Gautam Prasad @ Gootam Prasad And ANR v. Wakil Rai And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4784 of 2015 ====================================================== Gautam Prasad @ Gootam Prasad & Anr .... .... Petitioner/s

Versus

Wakil Rai & Ors .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Mira Kumari For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 08-12-2015 Heard the learned counsel, Mr. R. K. P. Singh, for the petitioner on the interlocutory application No.7637 of 2015. At the time of hearing of the interlocutory application, the learned counsel, Mr. Singh, submitted that the writ application itself may be heard on merit in admission matter. Accordingly, I heard him on merit in admission matter.

By the impugned order dated 16.04.2013 passed in Execution Case No.3 of 1997 the learned Munsif, Gopalganj has recalled the order dated 18.04.2009 on the ground that it was passed by mistake.

From perusal of the impugned order, it appears that the Court below found that there was stay order of further proceeding in execution case by the appellate Court in Title Appeal No.65 of 1997 / 2 of 2009 but by mistake the executing Court had dismissed the execution case, although there was stay order and in exercise

Patna High Court CWJC No.4784 of 2015 (2) dt.08-12-2015 2/2 of jurisdiction under Section 151 CPC, he has recalled this order Therefore, the Court below has exercised inherent jurisdiction for doing justice by correcting the mistake.

In view of the above fact, the impugned order cannot be interfered with in supervisory jurisdiction. Accordingly, this writ application is dismissed.

(Mungeshwar Sahoo, J) Sanjeev/- U