Patna High CourtC. REV./432/2016dismissed

Rita Devi And ANR v. Surendar Baheliya

2017-03-16Mr. Justice Mungeshwar Sahoo2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Review No.432 of 2016 In Civil Writ Jurisdiction Case No. 2022 of 2016 ====================================================== Rita Devi & Anr .... .... Petitioners

Versus

Surendar Baheliya .... .... Opposite party ====================================================== Appearance :

For the Petitioners : Mr. Ranjan Kumar Dubey For the Opposite party : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 16-03-2017 Heard learned counsel Mr. Ranjan Kumar Dubey for the petitioners.

This review application has been filed for review of order dated 29.08.2016 passed by this Court in C.W.J.C. No.2022 of 2016.

Admittedly the petitioners are purchasers during pendency of the partition suit from the judgment-debtor. Therefore, it has been held by this Court that objection filed by them under Order 21 Rule 97, 99 and 101 CPC is barred under Order 21 Rule 102 CPC.

Thus, I find no reason to review the order passed by this Court in the aforesaid C.W.J.C. No.2022 of 2016. However, if so advised, the petitioners may file title suit for redressal of their grievance before appropriate forum.

Patna High Court C. REV. No.432 of 2016 (7) dt.16-03-2017 In the result, this civil review application is dismissed with the aforesaid liberty.

(Mungeshwar Sahoo, J) Harish/- U