Bharat Pathak v. Brahmdeo Pathak And ORS

Patna High Court CWJC No.171 of 2016 (2) dt.01-07-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.171 of 2016 ====================================================== Bharat Pathak .... .... Petitioner/s

Versus

Brahmdeo Pathak & Ors .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Pawan Kumar For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 01-07-2016 Heard the learned counsel, Mr. Ranjan Kumar Dubey, for the petitioner and the learned counsel, Mr. Ranjan Kumar Jha, for the respondent No.14 and 15.

Perused the order dated 21.09.2015 passed by Sub Judge V, Madhepura in Title Suit No.22 of 2014 whereby the Court below has allowed the intervention application filed under Order 1 Rule 10 CPC by the respondent No.14 and 15.

From perusal of the impugned order, it appears that considering the arguments of both the parties and the documents produced by them, the Court below recorded the finding that prima facie, it appears that the interveners have got interest in the suit property and, therefore, they are necessary party.

In view of the above finding, in my opinion, it is not a fit case for interference in exercise of supervisory jurisdiction under Article 227 of the Constitution of India arises.

Thus, this writ application is dismissed.

Sanjeev/- (Mungeshwar Sahoo, J) U