Patna High CourtCWJC/3639/2014dismissed

Kumar Awadhesh Prasad v. Sri Krsihna Prasad Singh

2016-01-12Mr. Justice Mungeshwar Sahoo2 pages

Patna High Court CWJC No.3639 of 2014 (2) dt.12-01-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3639 of 2014 ====================================================== Kumar Awadhesh Prasad .... .... Petitioner/s

Versus

Sri Krishna Prasad Singh .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sudhir Kumar For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 12-01-2016 Heard learned counsel for the petitioner.

This application under Article 227 of the constitution of India has been filed by the defendant-petitioner against the order dated 04.12.2013 passed by the learned Sub Judge VII, Bihar Sharif, Nalanda in Title Suit No. 16 of 2006 whereby the Court below rejected the three applications filed by the petitioner praying for sending the original deed of agreement with the specimen thumb impression of the petitioner to the fingerprint expert.

Perused the order passed by the Court below.

From the perusal of the order, it appears that the Court below has considered the objection of the petitioner and it appears that the stand of the respondent is that the original agreement has already been sent to the fingerprint expert and the

Patna High Court CWJC No.3639 of 2014 (2) dt.12-01-2016 letter was received from the finger print expert for sending another sample of the thumb impression of the petitioner and therefore, the Court below directed the petitioner to give sample of thumb impression so that the same may be sent to the fingerprint expert.

In such view of the matter, there is no question of interference in supervisory jurisdiction arises as by the order only the court below has sent the disputed thumb impression for comparison with the admitted thumb impression. In such view of the matter this writ application has got no merit accordingly this writ application is dismissed. (Mungeshwar Sahoo, J.) M.S. KHAN/- U