Smt. Mandira Devi v. Dip Narain Yadav And ORS

Patna High Court C.Misc. No.1130 of 2016 (2) dt.22-11-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL MISCELLANEOUS JURISDICTION No.1130 of 2016 ====================================================== Smt. Mandira Devi .... .... Appellant/s

Versus

Dip Narain Yadav & Ors .... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Rewti Kant Raman For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 22-11-2016 Heard learned counsel, Mr. Mahesh Prasad No.2, appearing for the petitioner.

2.

Perused the impugned order dated 06.04.2016 passed by the Munsif-2nd Bhagalpur in T.S. No. 80 of 1997, whereby the learned court below rejected the application filed by the defendant-petitioner under Order 26 Rule 9 C.P.C. for appointment of Pleader Commissioner for local inspection.

3.

It appears that the plaintiff-respondent filed the suit for declaration of tile with respect to the suit property and non title of the defendant and for declaration of the entry in the Survey Record of right is illegal and, therefore, in my opinion, the relief claimed by the plaintiff for local investigation or status of the suit property is not at all required to be adjudged. Therefore, the court below rightly rejected the same and hence, the order cannot be interfered with in exercise of supervisory jurisdiction. Thus, this civil miscellaneous application is dismissed.

Brajesh/- (Mungeshwar Sahoo, J.) U