Sudama Bhagat v. Biresh Prasad And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4054 of 2012 =========================================================== Sudama Bhagat, son of Late Bindeshari Bhagat, resident of Village-Kuchai Kote, P S - Kuchai Kote, District - Gopalganj .... .... Petitioner/s

Versus

1. Biresh Prasad son of Ganesh Prasad.

2. Santosh Prasad son of Ganesh Prasad.

3. Basant Prasad son of Ganesh Prasad.

All residents of Village, P.O. and P S - Kuchai Kote, District - Gopalganj.

4. The State of Bihar.

5. Mostt. Patia wife of Late Mangal Bhagat.

6. Ganesh Bhagat, son of Sukhdev Bhagat Respondents ...... Objectors ......... 2nd Set Both respondents 5 and 6 are residents of Village, P.O. and P S - Kuchai Kote, District - Gopalganj =========================================================== Appearance :

For the Petitioner/s : Mr. Shanti Kumar Mr. Dhananjay Kumar Tiwary For the Respondent State: Mr. Sunil Kumar Mandal, SC 24 For the private respondent : Mr. Amrit Abhijat Mr. Upendra Yadav =========================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL JUDGMENT Date: 14-07-2015 Since the final order in the probate case has already been passed which is under challenge in CWJC NO. 11955 of 2010, this writ application has lost its meaning. Even otherwise, the Court can only opine that this petitioner has no business to be impleaded in a probate case as the scope of such proceeding is very limited.

Patna High Court CWJC No.4054 of 2012 dt.14-07-2015 2 / 2 This writ application, therefore, stands dismissed. (Ajay Kumar Tripathi, J) R.K.Pathak/- U