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Patna High CourtCWJC/9660/2015dismissed

Smt. Sarswati Devi And ORS v. Sri Sheo Nandan Rai And ORS

2016-04-25Mr. Justice Mungeshwar Sahoo2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9660 of 2015 ======================================================

1. Smt. Sarswati Devi wife of Sri Suresh Prasad and daughter of late Sahdeo Rai resident of Village Chakjan, P.S. Naubatpur, District Patna at present residing at Village Rampur P.O & P.S. Khagual, District Patna.

2. Smt. Usha Singh Wife of Sri Lakshman Singh Resident of Mohalla Lekhanagar, Cantt, Road behind DAV School, P.O & P.S. Danapur District Patna.

3. Smt. Niharika Sinha wife of Sri Akhileshwar Sharan Jamuar, resident of mohalla Punaichak, P.O. Puaichak, P.S. Shastri Nagar, District Patna.

4. Smt. Nirmala Sinha Wife of Sri Ravindra Kumar resident of Mohalla Chiraiyatard, Railway Quarter P.O. Chiraiyatard, P.S. Kotwali, District Patna.

5. Smt. Shashikala wife of Baidehi Sharan Jamuar Resident of Mohalla Punaichak, P.O. Punaichak, P.S. Shastri Nagar, District Patna.

6. Sri Alok Kumar @ Ashok Kumar son of Manu Prasad Resident of village Ariawao, P.O. & P.S. Krishna Brahm District Buxar. .... .... Petitioners

Versus

1. Sri Sheo Nandan Rai.

2. Sri Ram Nandan Rai Both sons of late Nirpati Bhagat @ Rampati Bhagat @ Rampati Gope.

3. Mostt. Radhika Devi wife of late Brij Nandan Rai

4. Sri Suraj Kumar son of late Brij Nandan Rai

5. Sri Rahul Kumar minor son of late Brij Nandan Rai under Guardianship of his mother Mostt. Radhika Devi who is his natural guardian, Next friend and wellwisher All residents of village Rampur, P.O & P.S. Khagual, DistPatna.

6. Sri Paras Nath Singh son of Rajaram Singh resident of village & P.O. Gamhar, District Gajipur (UP) at present residing at Mohalla Lekha Nagar, Cantt. Road behind D.A.V. School, P.O. Khagaul, P.S. Danapur, District Patna.

7. Sri Ram Chandra Rai

8. Sri Chandrika Prasad

9. Sri Strudhan Prasad All son of late Mahadeo Rai

10. Sri Krishna Prasad

11. Sri Shankar Prasad Both sons of late Saheshwar Rai All residents of Village Rampur, P.O. & P.S. Khagaul, Dstrict Patna. .... .... Respondents ====================================================== Appearance:

For the Petitioner/s : Mr. Kartik Kumar Sinha For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER

Patna High Court CWJC No.9660 of 2015 (2) dt.25-04-2016 2/2 25-04-2016 Heard learned counsel, Mr. Ratan Kumar Sinha, for the petitioner and learned counsel, Mr. Parthsarthi, for the respondent.

By the order dated 28.01.2015, the Court below has directed both the parties to maintain status-quo and subsequently by order dated 09.03.2015, the learned Court below directed the office to communicate the order of status-quo to all concerned. Admittedly, the injunction application is still pending and no final order in injunction matter has been passed. So far order dated 28.01.2015 is concerned, the learned Court below has passed interim injunction under Order 39 Rules 1 and 2 of the Code of Civil Procedure.

So far the order dated 09.03.2015 is concerned, it is only an official order or the routine order passed by the Court below. Therefore, I do not find any reason to interfere with the impugned order and accordingly, this writ application is dismissed.

(Mungeshwar Sahoo, J) Mishra/- U