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Patna High CourtC.Misc./8/2016dismissed

Manorama Devi v. Arun Kumar And ANR

2016-08-01Mr. Justice Mungeshwar Sahoo1 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL MISCELLANEOUS JURISDICTION No.8 of 2016 ======================================================

1. Manorama Devi wife of Late Shyamdev Prasad Singh resident of Plot No. 4 Block No. - G, P.C. Colony Kankarbagh, P.S. - Kankarbagh, District - Patna.

.... .... Appellant/s

Versus

1. Arun Kumar son of Girdhari Prasad Singh

2. Girdhari Prasad Singh son of Late Shiv Raksha Prasad Singh Both residents of plot No. 4, Block No. G, P.C.Coloy, Kankarbagh, P.S.- Kankarbagh, District - Patna.

.... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Akhilesh Kumar For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 01-08-2016 Heard learned counsel Mr. Kaushal Kishore for the petitioner and learned counsel Mr. Rakesh Kumar Chandra for the respondents.

It appears that the Eviction Suit No. 544 of 2014 filed by the plaintiff-respondent has been decreed exparte against the petitioner by the judgment dated 05.10.2015 and the result of this judgment which is in separate sheet mentioned in the order-sheet. In my opinion this application under Article 227 is not maintainable against the judgment and decree passed by the court below. If so advised, the petitioner may avail the forum of appeal is provided under the statute itself.

Thus, this Civil Misc. application is not maintainable and it is accordingly dismissed.

(Mungeshwar Sahoo, J) siddharth/- U