Md. Mustafa Kamal v. Md. Murtuza Jamal And ORS

Patna High Court C.Misc. No.1578 of 2016 (2) dt.09-01-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL MISCELLANEOUS JURISDICTION No.1578 of 2016 ====================================================== Md. Mustafa Kamal .... .... Petitioner/s

Versus

Md. Murtaza Jamal & Ors .... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Md. Nadim Seraj For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 09-01-2017 Heard the learned counsel for the petitioner and the learned counsel for the respondents.

Perused the impugned order dated 10.11.2016 passed by Sub Judge V, Gaya in Partition Suit No.4 of 2008/127 of 1998 whereby the learned court below has allowed the application filed by the respondents seeking permission to produce some documents which according to the plaintiffs are relevant for the determination of the controversies between the parties. It may be mentioned here that although, the suit is of the year 1998 but only one witness has been examined i.e. formal witness according to the learned counsel for the respondents, on behalf of the plaintiffs. The evidence of the plaintiffs is still going on.

In such circumstances, I do not find any reason to interfere with the impugned order in exercise of supervisory

Patna High Court C.Misc. No.1578 of 2016 (2) dt.09-01-2017 jurisdiction and accordingly, this civil miscellaneous application is dismissed.

The learned counsel for the petitioner and the learned counsel for the respondents submitted that they will assist the court for disposal of the suit expeditiously without taking unnecessary adjournments.

(Mungeshwar Sahoo, J) Saurabh/- U T