Bramhdeo Singh And ANR v. Nagendra Singh And ORS

Patna High Court CWJC No.16743 of 2015 (2) dt.23-06-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16743 of 2015 ====================================================== Bramhdeo Singh & Anr .... .... Petitioner/s

Versus

Nagendra Singh & Ors .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Umesh Kumar Singh For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 23-06-2016 Heard the learned counsel, Mr. Umesh Kumar Singh for the petitioners.

Perused the order dated 20.06.2015 passed by learned Sub Judge I, Gopalganj in Title Suit No.62 of 2011 whereby the Court below has directed the plaintiff to adduce evidence first as provided under Order 18 Rule 1 C.P.C. on the ground that so far Schedule I property is concerned, there is no dispute between the parties but so far Schedule II property is concerned, the property stands in the name of the defendants which is claimed by them as their personal acquisition, therefore it is for the plaintiff to prove his case and as such, directed the plaintiff to begin first. In view of the above facts and circumstances of the case, I find no reason to interfere with the impugned order. Thus, this writ application is dismissed.

Saurabh/- (Mungeshwar Sahoo, J) U T