Arbind Mishra And ORS v. Mostt. Chandan Kuer And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19180 of 2015 ====================================================== Arbind Mishra & Ors .... .... Petitioner/s

Versus

Mostt. Chandan Kuer & Ors .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjay Kumar No.-7 For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 30-06-2016 Heard learned counsel for the petitioners.

Perused the order dated 17.04.2015 passed by learned 3rd Additional District Judge, West Champaran at Bettiah in Miscellaneous Case No.01 of 2010 whereby the court below has dismissed the miscellaneous case.

It appears that in probate case compromise application was filed. Thereafter the petitioner Sudama Mishra filed miscellaneous case alleging that in fact without his knowledge his signature was obtained and the compromise application was filed. This application was registered as Miscellaneous Case No.01 of 2010. The petitioner as well as other side adduced their evidences. By the impugned order the court below considered the evidences of both the parties and lastly recorded finding that application filed by Sudama Mishra is devoid of merit. Therefore, this finding of the court below is pure finding of fact. In such circumstances, for

Patna High Court CWJC No.19180 of 2015 (2) dt.30-06-2016 the purpose of supervising the order this Court in exercise of supervisory jurisdiction under Article 227 of the Constitution of India cannot re-appreciate the evidence and substitute its own finding as if this Court is exercising appellate jurisdiction. In such circumstances, I find no reason to interfere with the impugned order in exercise of supervisory jurisdiction. Accordingly, this writ application is dismissed. (Mungeshwar Sahoo, J) Harish/- U