Daroga Sah @ Daroga Sonar v. Kailash Pathak

Patna High Court CWJC No.1634 of 2016 (2) dt.25-02-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1634 of 2016 ====================================================== Daroga Sah @ Daroga Sonar .... .... Petitioner/s

Versus

Kailash Pathak .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Akhileshwar Kumar Shrivastva For the Respondent/s :

====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 25-02-2016 Heard the learned counsel, Mr. Akhileshwar Kumar Srivastava for the petitioner.

By the impugned order dated 19.12.2015, the learned lower appellate court in Title Appeal No.8 of 2012 rejected the application filed by the petitioner under Order 41 Rule 27 C.P.C. seeking permission to adduce additional evidence. The lower appellate court in the impugned order held that the issue between the parties that whether Sunar Sonar is full brother of Hira Sonar or not and whether son of Sunar, Kamta died issueless in the state of jointness with Hira Sonar or not and, therefore, in view of the rival claims of the parties ground given by the appellant for permitting him to adduce additional evidence is not sustainable in fact or in law. The suit is only simple injunction suit and only prima facie case is to be seen. Since the Court below after perusing the record and

Patna High Court CWJC No.1634 of 2016 (2) dt.25-02-2016 considering the submissions of the parties and the issues between the parties has held that additional evidence sought to be adduced is not required, therefore, there is no question of interference in supervisory jurisdiction arises.

Thus, this writ application is dismissed.

(Mungeshwar Sahoo, J) Saurabh/- U T