Radheshyam Sah And ORS v. Ashok Chaurasiya And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL MISCELLANEOUS JURISDICTION No.591 of 2016 ====================================================== Radheshyam Sah & Ors .... .... Appellant/s

Versus

Ashok Chaurasiya & Anr .... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Binod Kumar Yadav For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 19-09-2016 Heard learned counsel for the defendants-petitioners. Perused the impugned order dated 21.04.2016 passed by Munsif, Bagaha (West Champaran) in Title Suit No.10 of 2015 whereby the learned court below rejected the application filed by the defendants.

It appears that the plaintiffs-respondents filed the suit for declaration of title and recovery of possession. The defendants filed written statement alleging that they have constructed their dwelling house in the suit property.

In view of the above controversies between the parties, there is no question of appointment of Pleader Commissioner in this situation arises. If the plaintiffs will be able to prove their title then they are entitled for recovery of possession irrespective of the fact that there is dwelling house of the petitioners or not.

Patna High Court C.Misc. No.591 of 2016 (2) dt.19-09-2016 Thus, I find no jurisdictional error in the impugned order and accordingly, this civil miscellaneous application is dismissed. (Mungeshwar Sahoo, J) Harish/- U