Binod Bihari Sharan And ORS v. Dr. Hari Bhushan Sahay And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL MISCELLANEOUS JURISDICTION No.1347 of 2016 ====================================================== Binod Bihari Sharan & Ors .... .... Appellant/s

Versus

Dr. Hari Bhushan Sahay & Ors .... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Uday Shankar Sharan Singh For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 09-01-2017 Heard the learned counsel, Mr. Uday Shankar Sharan Singh, for the petitioner and the learned senior counsel, Mr. Devendra Kumar Singh, for the respondent No.1.

Perused the impugned order dated 18.03.2016 passed by Sub Judge XIV, Ara in Title Suit No.151 of 1984 whereby the learned Court below has accepted the written statement filed by the respondent No.1. The plaintiff is not aggrieved against the order impugned rather the petitioner who is also a defendant is challenging the order whereby the written statement of the defendant-respondent No.1 has been accepted by the Court below. Now, therefore, the dispute which is being raised by the petitioner is the inter se dispute between the defendants because the plaintiff who is said to be aggrieved person has not challenged the order. Thus, I find no reason to interfere with the impugned order in exercise of supervisory jurisdiction under Article 227 of the

Patna High Court C.Misc. No.1347 of 2016 (3) dt.09-01-2017 2/2 Constitution of India. Thus, this Civil Misc. application is dismissed.

(Mungeshwar Sahoo, J) Sanjeev/- U T