Jitendra Singh v. Rabindra Prasad Singh And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6569 of 2014 ====================================================== Jitendra Singh .... .... Petitioner/s

Versus

Rabindra Prasad Singh & Ors .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Madan Jeet Kumar For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 11-02-2016 Heard learned counsel for the petitioner.

This application has been filed under Article 227 of the Constitution of India for direction to the Court below to transfer the Title Partition Suit No. 276 of 2011 pending in the Court of Sub-Judge-Ist, Begusarai to any Court competent to try the suit at Samstipur.

Learned counsel for the petitioner submitted that several parties are resident of Samastipur and therefore, for the convenience of the parties, the suit may be transferred. From perusal of the plaint, it appears that the parties resides in different places i.e., Vaishali, Muzaffarpur, Saharsa, Begusarai, etc. It is admitted fact that the portion of the suit property is also situated in the District- Begusarai. Therefore, on the ground raised by the learned counsel for the petitioner that for convenience of the parties, although only one petitioner has filed

Patna High Court CWJC No.6569 of 2014 (2) dt.11-02-2016 2/2 this application, the suit filed by the plaintiff cannot be transferred to the Court of competent jurisdiction at Samastipur. Accordingly, this writ application is dismissed. (Mungeshwar Sahoo, J) ravi/- U T