Ahmad Hussain And ORS v. Md. Anis Quaraishi And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Review No.197 of 2011 In First Appeal No.210 of 1976 ====================================================== AHMAD HUSSAIN and ORS ... ... Petitioner/s

Versus

MD. ANIS QUARAISHI and ORS ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ashutosh Nath.

Mr. Binod Kumar.

For the Opposite Party/s :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 08-02-2019 Heard the learned counsel for the appellants and respondent nos. 27 to 42.

This civil review application has been filed to review the judgment and decree dated 05.05.2010 and 31.07.2010 passed in F.A. No. 210 of 1976 whereby the appeal was partly allowed and the plaintiffs' suit was decreed only to the extent of 1/7th share in item no. 4 of Schedule II of the plaint. Learned counsel for the appellants has pointed out that there is no proper appreciation of evidence while reaching to findings of paragraph 12 with respect to item no. 1 and paragraph 16 with regard to item no. 3.

Learned counsel for appellants has submitted that Hon'ble Court has missed the important issues by which appellants have lost their right, title and possession over the land

Patna High Court C. REV. No.197 of 2011(21) dt.08-02-2019 2/2 in question.

This Court after looking into material available on record finds that there is concurrent findings of fact given by the Hon'ble Court after appreciation of evidence. This Court cannot interfere with the concurrent findings of the fact in review application.

This review petition is accordingly dismissed. Petitioner will be at liberty to file proper appeal against aforesaid judgment.

(Sanjay Priya, J) rakhi/- U