Kapildeo Yadav @ Kapildeo Pd. Yadav v. Deep Narayan Yadav And ORS

Patna High Court CWJC No.6098 of 2016 (2) dt.27-07-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6098 of 2016 ====================================================== Kapildeo Yadav @ Kapildeo Pd. Yadav .... .... Petitioner/s

Versus

Deep Narayan Yadav & Ors .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Prabhat Kumar Singh For the Respondent/s : Mr. Aag6- Anjani Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 27-07-2016 Heard the learned counsel for the petitioner. Perused the order dated 22.09.2015 passed by the lower appellate court in Misc. Appeal No.5 of 2014. The petitioner is seeking to get marked the relinquishment deed as an exhibit in the suit. The lower appellate court has set aside the trial court order.

The Supreme Court in 2015(4) PLJR 494(SC)(Yellapu Uma Maheswari & Anr. v. Buddha Jugadheeswararao & Ors.) has held that the relinquishment deed in respect of immovable property is compulsorily registerable document and if the same is not registered, it is inadmissible in evidence. In such circumstances, the order passed by the lower appellate court in miscellaneous appeal cannot be interfered with in exercise of supervisory jurisdiction under Article 227 of the

Patna High Court CWJC No.6098 of 2016 (2) dt.27-07-2016 Constitution of India.

Thus, this writ application is dismissed.

(Mungeshwar Sahoo, J) Saurabh/- U T