Hari Narain Prasad v. Lalmati Devi And ORS

Patna High Court CWJC No.16576 of 2015 (3) dt.22-06-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16576 of 2015 ====================================================== Hari Narain Prasad .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Manoj Kumar No.-1 For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 22-06-2016 Heard learned counsel for the petitioner.

From perusal of the impugned order dated 03.02.2015 passed by the Sub-Judge-IV, Motihari in T.S. No. 68 of 2006, it appears that both the parties prayed before the court that the proceeding of the present partition suit be stayed till the disposal of the partition suit No. 274 of 1996 as with respect to suit property earlier aforesaid partition suit has been filed. It also appears that the order has been passed on the prayer of both the parties. Therefore, the same cannot be interfered with in supervisory jurisdiction. Accordingly, this writ application is dismissed. If at all there is error on record, the petitioner may approach before the court below.

(Mungeshwar Sahoo, J) brajesh/- U