Abdul Rauf And ANR v. Shiva Lal Roy And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13610 of 2014 ======================================================

1. Abdul Rauf S/o Abdul Razzak

2. Nasiruddin S/o Late Md. Islam Both resident of Village- Kaidrabad, P.O.- Bachhabara, P.S.- Bachhabara, District- Begusarai, at present Mohalla Bengali Tola, near Gandhi Smarak, P.S.- Samastipur, Distt- Samastipur. .... .... Petitioner/s

Versus

1. Shiva Lal Roy

2. Roop Lal Roy Both sons of Late Bhagwat Rai resident of VillageJitwarpur, Nizamat, Police Station- Samastipur, District- Samastipur, Presently residing at Mohalla- Bengali Tola, Station Chowk, P.S.- Samastipur, District- Samastipur

3. Umesh Prasad Yadav

4. Shamsher Bahadur Both sons of Sri Ram Chandra Rai Resident of P.S. Samastipur, Mufassil, District- Samastipur, presently residing at Mohalla Bengali tola, Station road Chowk, Samastipr, P.S.- Samastipur, District AND Town- Samastipur.

.... .... Respondents ====================================================== Appearance :

For the Petitioner/s : Mr. Md. Faiz Ahmad For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE V. NATH ORAL ORDER 22-09-2016 The present application has been filed by the tenant-defendant in the suit questioning the legal sustainability of the impugned order by which the learned court below has turned down the prayer of the defendant for clubbing together the Eviction Suit No.09/2009 and Eviction Suit No.05/2013. From the impugned order it is evident that the parties in both the eviction suits are different as well as the stage of two suits are different.

In the background of these facts, this Court

Patna High Court CWJC No.13610 of 2014 (2) dt.22-09-2016 does not find that the learned court below has committed any illegality in passing the impugned order.

The application is, accordingly, dismissed.

(V. Nath, J) Nitesh/- U