Srimati Kalawati Devi And ORS v. Sheoji Singh And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5214 of 2014 ====================================================== Srimati Kalawati Devi & Ors .... .... Petitioner/s

Versus

Sheoji Singh & Anr .... .... Respondent/s ====================================================== Appearance :

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

====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 29-01-2016 Heard learned counsel, Mr. Dhananjay Kumar Tiwari for the petitioner and learned counsel, Mr. Naresh Prasad, on behalf of the respondent.

The petitioners have challenged the order dated 08.01.2014 passed by the Sub-Judge I, Gopalganj in Title Suit No. 226 of 2001 whereby the Court below refused to hear this suit analogously with Title Suit No. 555 of 2013.

It appears that both the suits have been filed by the petitioners. In 2001 the sale deed executed in favour of the defendant has been challenged and subsequent suit of the year 2013 has been filed challenging the other sale deed executed by the same person in favour of the same defendant. The petitioners thereafter filed an application under Section 151 C.P.C. By the impugned order, the Court below held that the subject matter of both the suits are different. The stage of both the suits are different

Patna High Court CWJC No.5214 of 2014 (2) dt.29-01-2016 2/2 and the defendants of both the parties are also not same and accordingly rejected the application under Section 151 C.P.C. Since the order passed by the Court below has been passed in exercise of inherence jurisdiction under Section 151 C.P.C. This Court cannot interfere the same in exercise of supervisory jurisdiction under Article 227 of the Constitution of India. Thus this writ application is dismissed. (Mungeshwar Sahoo, J) ravi/- U