Basudeo Sah v. Suresh Sah And ORS

Patna High Court C.Misc. No.190 of 2016 (3) dt.16-08-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL MISCELLANEOUS JURISDICTION No.190 of 2016 ====================================================== Basudeo Sah .... .... Appellant/s

Versus

Suresh Sah & Ors .... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Amar Nath Singh For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 16-08-2016 Heard the learned counsel, Mr. Suman Kumar for the petitioner.

Perused the impugned order dated 26.02.2016 passed by Subordinate Judge I, Motihari in Title Suit No.560 of 2008 whereby the learned Court below has allowed the intervention application filed by the intervener under Order I Rule 10 C.P.C. on the ground that the intervener has got the gift executed and registered by the defendant No.1 during the pendency of the suit with respect to some property in suit.

In view of the above fact that during the pendency of the suit, the donee-intervener acquired title to the donated property by registered gift deed said to have been executed by the defendant No.1, the learned Court below has rightly allowed the intervention application, as such, this civil miscellaneous application is dismissed.

(Mungeshwar Sahoo, J) Saurabh/- U T