Dilip Narayan Chaudhary And ORS v. Radha Krishna Choudhary @ Radha Prasad Chaudhary And ORS

Patna High Court CWJC No.1981 of 2014 (2) dt.11-12-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1981 of 2014 ====================================================== Dilip Narayan Chaudhary & Ors .... .... Petitioner/s

Versus

Radha Krishna Choudhary @ Radha Prasad Chaudhary & Ors .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Jay Prakash Sharma For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 11-12-2015 Heard the learned counsel for the petitioners. By the impugned order dated 10.07.2013 passed by Sub Judge I, Rosera in Title Suit No.97 of 2008, the Court below has held that because the suit lands are homestead land in view of the judgment of this Court, the suit will not abate under Section 4(b) or 4(c) of Bihar Consolidation of Holdings and Prevention of Fragmentation Act, 1956.

The only grievance of the petitioners is that the suit lands are not homestead rather are agricultural lands. From perusal of the impugned order, it appears that on perusal of various evidences i.e. documentary evidences which were filed as Annexures came to the conclusion that the suit land is homestead land.

Therefore, in exercise of supervisory jurisdiction, this Court cannot record any contrary finding after perusal of the

Patna High Court CWJC No.1981 of 2014 (2) dt.11-12-2015 evidence. However, liberty is granted to the petitioners to raise this question as to whether the property involved in the suit is agricultural land and if such point is raised or evidence is adduced, the Court below shall consider the same at the time of hearing of the suit.

So far this writ application is concerned, it has got no merit and accordingly, this writ application is dismissed. (Mungeshwar Sahoo, J) Saurabh/- U T