Bagad Chaudhary And ORS v. Yogi Shantinath

Patna High Court CWJC No.10892 of 2015 (2) dt.27-04-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10892 of 2015 ====================================================== Bagad Chaudhary & Ors .... .... Petitioner/s

Versus

Yogi Shantinath .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Umesh Chandra Verma For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 27-04-2016 Heard the learned counsel, Mr. Umesh Chandra Verma for the petitioners.

It appears that the respondent filed the application for the grant of probate on the ground that registered Will has been executed in favour of Yogi Avaidyanath by Kishun Giri with respect to the property of Dhankutwa Math. The petitioners filed application for being added as party in the said probate case on the ground that they are members of the Committee. The Court below by the order dated 26.05.2015 rejected the application finding that they have got no interest in the subject matter and that in similarly situated case, prayer of the two other persons i.e. the associates of these petitioners had already been rejected by this Court. It is admitted fact that the said order was challenged before the High Court and the High Court rejected the application and thereby confirmed the order rejecting the

Patna High Court CWJC No.10892 of 2015 (2) dt.27-04-2016 impleadment application.

In view of the fact that the Court below considered the case of both the parties elaborately and then recorded clear finding that the petitioners are not necessary party, I find that it is not a fit case for interference in exercise of supervisory jurisdiction under Article 227 of the Constitution of India.

Thus, this writ application is dismissed.

(Mungeshwar Sahoo, J) Saurabh/- U T