Rajendra Chaurasia @ Rajendra v. Shivnath Prasad And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1214 of 2016 ====================================================== Rajendra Chaurasia @ Rajendra .... .... Petitioner/s

Versus

Shivnath Prasad & Ors .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ranjeet Kumar For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 12-07-2016 Heard learned counsel Mr. Ranjeet Kumar for the petitioner.

Perused the order dated 07.11.2015 passed by Subordinate Judge-IV, Siwan in Title Suit No.271 of 2014. It appears that the court below has assigned good reasons for rejection of the application filed by the petitioner. The court below also held that disputed question of fact is being raised. Therefore, the order impugned needs no interference in exercise of supervisory jurisdiction.

However, if the petitioner, if so advised, insists for decision on his application, the court below shall register the said application as separate miscellaneous case but for that purpose it is made clear here that the proceeding of the suit i.e. Title Suit No.271 of 2014 or the other suit being Partition Suit No.27 of 2014 shall not be stayed by the court below. It is further clarified

Patna High Court CWJC No.1214 of 2016 (2) dt.12-07-2016 that in future for pendency of this miscellaneous case if time is prayed for or stay is prayed for by the petitioner, the court below shall not grant time or stay the proceeding. The court below shall proceed to decide these suits without being influenced on the grounds of pendency of the miscellaneous case. Thus, this writ application has got no merit and accordingly, it is dismissed.

(Mungeshwar Sahoo, J) Harish/- U