Subodh Kumar Rai And ORS v. Nageshwar Singh And ORS

Patna High Court C.Misc. No.344 of 2016 (2) dt.18-08-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL MISCELLANEOUS JURISDICTION No.344 of 2016 ====================================================== Subodh Kumar Rai & Ors .... .... Appellant/s

Versus

Nageshwar Singh & Ors .... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Rakesh Ambastha For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 18-08-2016 Heard learned counsel, Mr. R.K. Ambastha, appearing for the petitioners.

2.

Perused the impugned order dated 05.05.2016 passed by the Sub-Judge-1st, Begusarai in T.S. No. 206 of 2009, whereby, the court below rejected the intervention application of the petitioner on the ground that the suit is at the stage of argument and further that the petitioners themselves asserted that in fact, their mother, Parwati Devi, defendant No.1 is the absolute owner of the property. The learned court below also held that the interveners have got no separate interest in the suit property. Further it is specifically pleaded by the plaintiff that defendant No.1 dispossessed the plaintiff. 3.

In such circumstances, in my opinion, there is no jurisdictional error in the impugned order nor it occasioned failure of justice nor it prejudices the petitioners. Therefore, this civil miscellaneous application is dismissed.

(Mungeshwar Sahoo, J) brajesh/- U