Ram Nandan Sharma v. Ram Niwas Kumar And ORS.

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL MISCELLANEOUS JURISDICTION No.633 of 2016 ====================================================== Ram Nandan Sharma .... .... Appellant/s

Versus

Ram Niwas Kumar & Ors.

.... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Shailendra Kumar For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 13-12-2016 Heard learned counsel Mr. Bhupendra Narayan Singh for the petitioner and learned counsel Mr. R.K.P. Singh for the plaintiffs-respondents.

Perused the impugned order dated 10.05.2016 passed by Subordinate Judge-I, Hilsa, Nalanda whereby the learned court below directed the defendant-petitioner to file five sale deeds executed by Ram Bachan Sharma in favour of the petitioner Ram Nandan Sharma for comparison of signature/L.T.I. of the deceased Ram Bachan Sharma on the sale deeds.

From perusal of the impugned order, it appears that the court below on the facts of the case discussed in the order came to the conclusion that for comparison original sale deeds are necessary and, therefore, directed the petitioner to file the same in the court below.

In my opinion, therefore, neither it can be said that the

Patna High Court C.Misc. No.633 of 2016 (4) dt.13-12-2016 order suffers from jurisdictional error nor it can be said that the order in any way prejudiced the petitioner nor it occasioned failure of justice. Simple direction has been given to the petitioner to file sale deeds.

Thus, I find no reason to interfere with the impugned order in exercise of supervisory jurisdiction. Accordingly, this civil miscellaneous application is dismissed. Interim order of stay, if any, is vacated.

(Mungeshwar Sahoo, J) Harish/- U