Vakil Ahmad v. Kalawati Devi And ORS

Patna High Court CWJC No.10128 of 2013 (2) dt.06-09-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10128 of 2013 ====================================================== VAKIL AHMAD SON OF LATE BHOLA MIAN RESIDENT OF MUHALLAH - KARIM CHAK, P.S. CHAPRA TOWN, DISTRICT - SARAN ( BIHAR ) .... .... PETITIONER/S

VERSUS

1. KALAWATI DEVI WIFE OF LATE VISHWA NATH PRASAD

2. AJAY PRAKASH GUPTA SON OF LATE VISHWA NATH PRASAD

3. SANJAY KUMAR GUPTA SON OF LATE VISHWA NATH PRASAD

4. POONAM DEVI WIFE OF HARISH GUPTA, DAUGHTER OF LATE VISHWA NATH PRASAD

5. MONIKA DEVI WIFE OF ATUL GUPTA, DAUGHTER OF LATE VISHWA NATH PRASAD

6. PRIYANKA KUMARI DAUGHTER OF LATE VISHWA NATH PRASAD ALL RESIDENT OF MUHALLAH - SAHEBGANJ, KACHCHARI ROAD, P.O. CHAPRA, P.S. CHAPRA TOWN, DISTRICT - SARAN ( BIHAR).

.... .... RESPONDENT/S ====================================================== Appearance:

For the Petitioner/s : Mr. Manoj Kumar, Adv. For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 06-09-2016 Heard learned counsel for the petitioner as well as learned counsel for the respondents.

In para-1 of the petition it has been incorporated that vide order impugned dated 17.01.2013 the prayer of the petitioner/defendant to permit him to repair shop in Eviction Suit No.6 of 2011 has been dismissed by the learned lower court of Additional Munsif, IIIrd, Saran at Chapra while, after going through the order impugned, it is evident that learned lower court had dealt with question of res judicata under the order impugned. That being so, instant petition happens to be misconceived and is accordingly rejected.

(Aditya Kumar Trivedi, J.) Prakash Narayan U