Shiv Kishore Singh @ Shobha Kishore Singh And ORS v. Dharm Bind And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5890 of 2016 ====================================================== Shiv Kishore Singh @ Shobha Kishore Singh & Ors .... .... Petitioner/s

Versus

Dharm Bind & Ors .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ganjendra Kumar Singh For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 08-04-2016 Heard learned counsel Mr. Udit Narain Singh for the petitioners.

The learned Subordinate Judge-III, Siwan in Title Suit No.14 of 1998 rejected the intervention application filed by the petitioners on 15.02.2016.

From perusal of the aforesaid order which is under challenge, it appears that the court below found that in fact the dispute is between the original defendant, Kailashpati Singh and the father of the interveners. The court below observed that this dispute between the defendant and the interveners inter-se cannot be decided in the present suit, which has been filed by the plaintiffs against the original defendant, Kailashpati Singh particularly when the interveners admitted the fact that the suit property was alleged to have been settled in the name of Kailashpati Singh only.

Patna High Court CWJC No.5890 of 2016 (2) dt.08-04-2016 In view of the aforesaid finding of the court below and in view of the fact that the dispute is between Kailashpati Singh, the original defendant and the father of the interveners, the present interveners are not at all necessary party in the suit. Thus, I find no reason to interfere with the impugned order in supervisory jurisdiction. Accordingly, this writ application is dismissed. (Mungeshwar Sahoo, J) Harish/- U