Ajay Singh v. Birendra Singh Andothers

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Review No.59 of 2015 In Civil Writ Jurisdiction Case No. 7931 of 2011 ====================================================== Ajay Singh son of late Awadhesh Singh resident of village Rahiya, Police Station Krishna Brahm, District Buxar .... .... Review petitioner /Respondent

Versus

1. Birendra Singh son of late Bachha Singh R/o village Rahiya Police Station Krishna Brahm, District Buxar

2. Jagatpal Singh

3. Deolal Singh Both sons of late Rajeshwar Prasad Singh

4. Ved Pal Singh

5. Satyapal Singh

6. Gaynendra Singh

7. Tuna Singh All sons of Jagat Pal Singh

8. Vishal Gaurav

9. Abhishek Gaurav both minor sons of Vedpal Singh

10. Bhairav Singh @ Rajshekhar Singh

11. Chotu Singh both sons of Satyapal Singh

12. Sanjay Singh

13. Kamala Singh

14. Raman Singh

15. Udham Singh, All sons of Deolal Singh

16. Bachha Minor son of Sanjay Singh

17. Seopati Kaur wife of Late Deo Kumar Singh

18. Vijay Bahadur Singh, son of late Deo Kumar Singh

19. Banti Singh @ Kumar Abhishek

20. Chhote Singh Minor both sons of Vijay Bahadur Singh

21. Daya Kaur wife of late Awadhesh Kumar Singh

22. Suresh Singh

23. Brijesh Singh

24. Umesh Singh

25. Uday Singh all sons of late Awadhesh Singh

26. Sandeep Singh

27. Chhote Singh both sons of Brijesh Singh

28. Bachha (Minor) son of Umesh Singh

29. Bachha (Minor) son of Uday singh All the resident of village Rhiya Police Station Krishna Braham, Distict Buxar.

30. Mahendra Singh

31. Naremdeshwar Singh Both sons of late Bachha Singh

32. Raghwendra Singh

33. Dhirendra Singh both sons of Birendra Singh

34. Shailendra Singh

35. Mahipal Singh Both sons of Mahendra Singh

36. Madhusudan Singh

37. Krishna Murari Singh both sons of Shailendra Singh

38. Kunti Kuwar, wife of late Surendra Singh

39. Satyendra Narayan Singh

40. Jagnarayan Singh

41. Nipendra Narayan Singh all sons of late Surendra Singh

Patna High Court C. REV. No.59 of 2015 (3) dt.28-09-2016 2/3

42. Om Prakash Singh son of Narmedeshwar Singh all resident at village Rahiya Police station Krishna Braham, District Buxar. .... .... Respondents/opposite parties.

====================================================== Appearance :

For the Petitioner/s : Mr. Basant Kumar Tripathy For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 28-09-2016 Heard Mr. Tripathy for the review petitioner and Mr. Binod Bihari Sinha for the opposite party No.1 who was petitioner of C.W.J.C. No. 7931 of 2011.

The writ petition filed by the opposite party No.1 was disposed of on 10.05.2011 which was appealed against by the review petitioner vide LPA No. 1259 of 2011. Said appeal was permitted to be withdrawn vide order dated 19.01.2015 (Annexure-1). Now, the present Civil Review application by the appellant of LPA No. 1259 of 2011, who is defendant of Title Suit no. 259 of 1999. It is admitted at Bar that the said Title Suit is still pending disposal on the file of the learned Court below. The present review application prays for review of the order dated 10-05-2011. Indisputably, the said order was appealed against and was withdrawn. The writ order thus became final between the parties.

Having considered the aforesaid fact as also the confines of the review jurisdiction, the counsel for the review

Patna High Court C. REV. No.59 of 2015 (3) dt.28-09-2016 3/3 petitioner states that if the verdict of the trial court goes against the defendant-review petitioner an issue in this regard shall be raised in the appeal to be preferred thereagainst.

The review application is dismissed with the said liberty.

(Kishore Kumar Mandal, J) Shyam/- U