Jhumri Devi And ORS v. Ambika Mallah And ANR

Patna High Court C.Misc. No.848 of 2016 (2) dt.21-10-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL MISCELLANEOUS JURISDICTION No.848 of 2016 ====================================================== Jhumri Devi & Ors .... .... Appellant/s

Versus

Ambika Mallah & Anr .... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Zainul Abedin For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 21-10-2016 Heard learned Senior Counsel Mr. Baxi S.R.P. Sinha for the petitioners.

This application under Article 227 of the Constitution of India has been filed for setting aside the order dated 18.03.2016 passed by learned Subordinate Judge-I, Bagaha (West Champaran) in Title Suit No.85 of 2015 whereby the injunction application filed by the plaintiff-respondent has been disposed of with direction that party shall maintain status quo. Since the injunction application has been disposed of by the impugned order, it is appealable under Order 43 Rule 1(r) of the Code of Civil Procedure. As such, this application under Article 227 of the Constitution of India is not maintainable. Accordingly, this civil miscellaneous application is dismissed. The petitioner, if so advised, may file appeal before the court concerned.

Harish/- (Mungeshwar Sahoo, J) U