Sushila Devi v. Most. Geyanti Kuer And ORS

Patna High Court CWJC No.15666 of 2015 (3) dt.28-06-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15666 of 2015 ====================================================== Sushila Devi .... .... Petitioner/s

Versus

Most. Geyanti Kuer & Ors .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Santosh Kumar Verma For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 28-06-2016 Heard learned counsel, Mr. Abhishek, appearing for the petitioner.

2.

Perused the order dated 04.09.2015 passed by the 9th Additional District Judge, Saran, Chapra in T.A. No. 66 of 2006. 3.

From perusal of the impugned order, it appears that the court below, relying upon the various decisions of the Hon'ble Supreme Court as well as Patna High Court and also Rajasthan High Cour,t has allowed the intervention application filed by the respondent No.3 on the ground that during the pendency of the appeal, the property has been gifted to the respondent No.3 i.e. pendente lite transferee.

4.

In view of the above factual possession and the order passed by the court below based on the decisions of various Courts including the Hon'ble Supreme Court, it cannot be said that the order passed by the court below is irrational or it has been passed

Patna High Court CWJC No.15666 of 2015 (3) dt.28-06-2016 in the manner not permitted by law and also it is admitted fact that respondent No.3 is transferee pendente lite. Thus, I find no reason to interfere with the impugned order in exercise of the supervisory jurisdiction, accordingly, this writ application is dismissed. (Mungeshwar Sahoo, J) brajesh/- U