Luri Mandal v. Awadhesh Mandal And ANR

Patna High Court C.Misc. No.401 of 2016 (3) dt.19-12-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL MISCELLANEOUS JURISDICTION No.401 of 2016 ====================================================== Luri Mandal .... .... Petitioner/s

Versus

Awadhesh Mandal & Anr .... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Poddar Suresh Gandhi For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 19-12-2016 Heard the learned counsel for the petitioner and the learned counsel for the respondents.

It appears that the Pleader Commissioner submitted the report in the final decree proceeding and the defendant-petitioner filed objection to the Pleader Commissioner's report objecting to the allotment of takhta taking various pleas in the year 2007. On 07.04.2016, the Court below rejected the application i.e. objection filed by the petitioner on the ground that it is never pressed by the petitioner.

Therefore, it appears that it is an order rejecting the application filed by the petitioner for non-prosecution of the said application. Since the application/objection filed in the year 2007 was not pressed by the petitioner for last nine years, it was rejected on 07.04.2016.

Therefore, I find no reason to interfere with the

Patna High Court C.Misc. No.401 of 2016 (3) dt.19-12-2016 impugned order in exercise of supervisory jurisdiction under Article 227 of the Constitution of India. Accordingly, this Civil Miscellaneous application is dismissed.

(Mungeshwar Sahoo, J) Saurabh/- U