Bhagmati Devi v. Gopali Mahto And ORS

Patna High Court CWJC No.5441 of 2015 (2) dt.18-03-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5441 of 2015 ====================================================== Bhagmati Devi .... .... Petitioner/s

Versus

Gopali Mahto & Ors .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Pathak Dhananjay Kumar For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 18-03-2016 Heard the learned counsel, Mr. Umesh Kumar Singh for the petitioner.

It appears that the respondents filed application under Order IX Rule 13 C.P.C. for setting aside ex parte judgment passed in Title Suit No.58 of 2009. Both the parties adduced their respective evidences. After hearing the parties, the learned Munsif, Bettiah, West Champaran by the order dated 05.12.2014 passed in Misc. Case No.15 of 2011 allowed the application under Order IX Rule 13 C.P.C. and restored Title Suit No.58 of 2009 after setting aside the ex parte judgment and decree.

Perused the order passed by the Court below. It appears that the Court below after considering the materials and after hearing the parties has passed a reasoned order and in the interest of justice, ex parte judgment has been set aside. Therefore, no case for interference in supervisory

Patna High Court CWJC No.5441 of 2015 (2) dt.18-03-2016 jurisdiction is made out.

Accordingly, this writ application is dismissed. (Mungeshwar Sahoo, J) Saurabh/- U T