Kanhai Mistri @ Kanhai Sharma And ORS. v. Naurangi Mistri @ Naurangi Sharma And ANR.

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Review No.544 of 2012 ====================================================== Kanhai Mistri @ Kanhai Sharma & Ors.

.... .... Petitioner/s

Versus

Naurangi Mistri @ Naurangi Sharma & Anr.

.... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr.

For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 23-02-2015 Heard learned counsel Mr. Ashok Kumar Verma on behalf of the petitioners. Nobody appeared on behalf of the opposite parties.

This review application has been filed by the petitioners for review of order dated 31.08.2012 passed in Second Appeal No.428 of 2011 whereby the second appeal was dismissed after hearing under Order XLI Rule 11 of the Code of Civil Procedure.

The only grievance of the petitioners is that while dismissing the appeal this Court has not considered that the defendants-appellants were using the disputed land as Nala since 1935. So far this submission is concerned, it may be mentioned here that no counter-claim has been filed by the petitioners. The court below concurrently recorded the finding that the disputed land is purchased land of the plaintiffs-respondents.

Patna High Court C. REV. No.544 of 2012 (8) dt.23-02-2015 In view of the above facts and circumstances of the case, the point raised by the learned counsel for the petitioners is not found a substantial question of law and, therefore, it is not a ground for review of the order. Accordingly, I find no merit in this review application and, thus, it is dismissed. (Mungeshwar Sahoo, J) Harish/- U