Md. Ansar Ahmad v. Suryabhabha Devi N @ Surya Bhama Devi

Patna High Court CWJC No.12965 of 2014 (2) dt.25-01-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12965 of 2014 ====================================================== Md. Ansar Ahmad .... .... Petitioner/s

Versus

SURYABHABHA DEVI N @ SURYA BHAMA DEVI .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Rakesh Kumar Sharma For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 25-01-2016 Heard the learned counsel for the petitioner. By the impugned order dated 15.04.2014, the Court below has refused to recast the issue suggested by the defendant. From perusal of the order dated 15.04.2014 passed by Munsif II, Munger in Eviction Suit No.13 of 1999, it appears that the Court below found that this eviction suit wherein relationship of landlord and tenant has been admitted and, therefore, the Court below only held that this matter as to whether there is relationship or not will be seen at the time of final hearing of the suit. In such view of the matter, I do not find any illegality committed by the Court below. Thus, this writ application is dismissed.

Sanjeev/- (Mungeshwar Sahoo, J) U T