Bishwanath Sah And ORS v. Kamla Singh And ORS

Patna High Court C.Misc. No.516 of 2016 (2) dt.05-09-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL MISCELLANEOUS JURISDICTION No.516 of 2016 ====================================================== Bishwanath Sah & Ors .... .... Appellant/s

Versus

Kamla Singh & Ors .... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Raghav Prasad For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 05-09-2016 Heard the learned counsel, Mr. Raghav Prasad, for the petitioner.

Perused the impugned order dated 29.04.2016 passed by Munsif VI, Siwan in Title Suit No.62 of 1996 whereby the Court below rejected the application filed by the plaintiff petitioner for appointment of survey knowing pleader commissioner on the ground that the report of survey knowing pleader commissioner is already there on record and the petitioner has also cross-examined the pleader commissioner and the suit is at the stage of argument. In view of the above facts and circumstances of the case, in my opinion, no case for interference in exercise of supervisory jurisdiction is made out. Accordingly, this Civil Misc. application is dismissed.

Sanjeev/- (Mungeshwar Sahoo, J) U