Patna High CourtCWJC/4761/2014dismissed

Yogendra Sah v. Rameshwar Diswa And ORS

2016-01-27Mr. Justice Mungeshwar Sahoo2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4761 of 2014 ====================================================== Yogendra Sah .... .... Petitioner/s

Versus

Rameshwar Diswa & Ors .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjay Kumar Pandey For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 27-01-2016 Heard learned counsel Mr. Umesh Chandra Verma for the petitioner.

This application has been filed by the intervenorpetitioner for setting aside the order dated 12.12.2013 passed by Sub-Judge III, Bettiah, West Champaran in Title Suit No. 156 of 2010 whereby the Court below rejected the intervention application on the ground that the petitioner is not necessary party. It appears that the plaintiff-respondent filed the aforesaid Title Suit No. 156 of 2010 praying for declaration of title and also praying for setting aside the sale deeds executed by defendant 2nd party in favour of the defendant Ist party. The present intervenor-petitioner filed an application under Order 1 Rule 10 C.P.C. praying for being added as a party in the suit. The Court below after hearing the parties held that the petitioner is not a necessary party. It appears that the intervention

Patna High Court CWJC No.4761 of 2014 (2) dt.27-01-2016 2/2 application filed by the petitioner has been annexed as Annexure-2 to this writ application. The petitioner has only stated that he is the descendant of Khewatdar. No where he is praying that he is in possession of the property or he is the owner of the property. From perusal of the order passed by the Court below it appears that after appreciating the facts of the case, the Court below has recorded finding that the petitioner is not a necessary party. In such circumstances, no case for interference under supervisory jurisdiction is made out.

Thus this writ application is dismissed.

(Mungeshwar Sahoo, J) ravi/- U