Murlidhar Tiwari v. Sarojani Nayadu Tiwari

Patna High Court CWJC No.5351 of 2016 (2) dt.25-07-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5351 of 2016 ====================================================== Murlidhar Tiwari .... .... Petitioner/s

Versus

Sarojani Nayadu Tiwari .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Gopal Govind Mishra For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 25-07-2016 Heard learned counsel, Mr. Gopal Govind Mishra, appearing for the petitioner.

2.

Perused the order dated 29.01.2016 passed by the learned Sub-Judge, Jadishpur, Bhojpur in Title Partition No. 405 of 2011.

3.

It appears that the plaintiff-petitioner filed the application before the court below under Section 151 C.P.C. praying for permission to sell 1/3rd share of Khata No. 83, Khesra Nos. 107 and 108 area 12.5 decimal of the suit property. The court below by the impugned order has rejected the said application. 4.

Admittedly, injunction order is there. The application has been filed by the plaintiff-petitioner for permission to sell this property on the ground that there is emergency. Except this, there is nothing in his application. What is that emergency is not explained anywhere.

Patna High Court CWJC No.5351 of 2016 (2) dt.25-07-2016 5.

In such view of the matter, in my opinion, the learned court below has rightly exercised the inherent jurisdiction under Section 151 C.P.C. This Court in exercise of another supervisory jurisdiction, which is of the same nature, cannot substitute its own finding. Therefore, I find no reason to interfere with the impugned order in exercise of supervisory jurisdiction. Thus, this writ application is dismissed.

(Mungeshwar Sahoo, J) brajesh/- U