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Patna High CourtC.Misc./171/2017dismissed

Sangram Singh And ORS v. Shyam Narayan Singh And ORS

2017-01-31Mr. Justice Mungeshwar Sahoo2 pages

Patna High Court C.Misc. No.171 of 2017 (2) dt.31-01-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL MISCELLANEOUS JURISDICTION No.171 of 2017 ====================================================== Sangram Singh & Ors .... .... Petitioner/s

Versus

Shyam Narayan Singh & Ors .... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Mrigendra Kumar For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 31-01-2017 Heard the learned counsel, Mr. Mrigendra Kumar for the petitioners.

Perused the impugned order dated 01.12.2016 passed by Additional District Judge III, Jehanabad in Title Appeal No.11 of 2015/60 of 2015 whereby the learned lower appellate court has rejected the application filed by the plaintiffs-petitioners under Order 41 Rule 27 C.P.C.

From perusal of the impugned order, it appears that the court below has relied upon a decision of the Supreme Court and thereafter on interpretation of the Supreme Court decision has clearly recorded a finding that the documents which are sought to be adduced as additional evidence by the plaintiffs-petitioners are not at all required by the court for deciding the title appeal. In view of the above facts and circumstances of the case, I do not find any reason to interfere with the impugned order

Patna High Court C.Misc. No.171 of 2017 (2) dt.31-01-2017 in exercise of supervisory jurisdiction.

Accordingly, this civil miscellaneous application is dismissed.

(Mungeshwar Sahoo, J) Saurabh/- U T