Ram Snehi Yadav And ANR v. Kaushalya Devi And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.611 of 2014 ====================================================== Ram Snehi Yadav & Anr .... .... Petitioner/s

Versus

Kaushalya Devi & Ors .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Harshwardhan Sahay For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 08-12-2015 Heard the learned counsel, Mr. Harshwardhan Sahay, appearing on behalf of the intervener-petitioner. By the impugned order dated 16.11.2013 passed by Munsif 2nd Munger in Title Suit No. 23 of 1999 rejected the intervention application filed by the petitioners under order I Rule 10 of the Code of Civil Procedure.

It appears that the plaintiff-respondents filed a Title Suit No. 23 of 1999 for setting aside the sale deed executed by defendant Ist-set in favour of defendant IInd set on 18.01.1999. This sale deed admittedly is in the name of the father of these petitioners. The petitioner's grievance is that their father is not taking any interest and that the property has been purchased by the fund of the joint family.

Perused the order passed by the Court below. The Court below found that the sale deed in the name of the father of the

Patna High Court CWJC No.611 of 2014 (2) dt.08-12-2015 2/2 present petitioner and the father is alive who is defendant Ist party and in presence of the father, the present petitioners have got no interest in the property and accordingly, rejected the application. Therefore, in view of the above facts, the impugned order cannot be interfered with in exercise of supervisory jurisdiction under Article 227 of the Constitution of India. Accordingly, this writ application is dismissed. (Mungeshwar Sahoo, J) Sanjeev/- U T