Gautam Singh v. Rahmat Ali And ANR

Patna High Court C.Misc. No.594 of 2016 (2) dt.19-09-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL MISCELLANEOUS JURISDICTION No.594 of 2016 ====================================================== Gautam Singh .... .... Appellant/s

Versus

Rahmat Ali & Anr .... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Nand Kumar Singh For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 19-09-2016 Heard learned counsel for the petitioner.

Perused the order dated 08.04.2016 passed by 4th Munsif, Saran at Chapra in Title Suit No.59 of 2010 whereby the learned court below has only allowed the application filed by respondents under Order 26 Rule 9 of the Code of Civil Procedure and appointed Pleader Commissioner for giving present status of the suit property on the ground that the plaintiffs have filed the suit for declaration of title and recovery of possession and that the defendant has stocked materials for making construction on part of the suit property.

In such view of the matter, I find no jurisdictional error in the impugned order. Accordingly, this civil miscellaneous application is dismissed.

Harish/- (Mungeshwar Sahoo, J) U