Kamla Devi And ANR. v. Ganga Rai And ORS.

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6287 of 2015 ====================================================== Kamla Devi & Anr.

.... .... Petitioner/s

Versus

Ganga Rai & Ors.

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

For the Petitioner/s : Mr. Gyanand Roy, Advocate. For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 31-03-2016 Heard learned counsel Mr. Gayanand Roy for the petitioner.

By the order dated 11.03.2015, the learned Sub-Judge-I, Chapra in Title Suit No. 519 of 2012 allowed the intervention application filed by the respondent no.4 Chhabi Nath Rai @ Chhabis Rai, recording a finding that he appears to be the brother of the plaintiff and the suit has been filed by the plaintiff for declaration that the Nanihal property is the property of the plaintiffs.

It appears that the intervener, respondent no.4 filed the application for being added as party on the ground that he is the own brother of the plaintiff. The Court below recording the above finding found that the brother is necessary party and thus no case for interference in supervisory jurisdiction is made out and this Court cannot find any material available on record to substitute its

Patna High Court CWJC No.6287 of 2015 (2) dt.31-03-2016 2/2 own finding for the purpose of supervising the order passed by the Court below.

Accordingly, this writ application is dismissed. (Mungeshwar Sahoo, J.) Amit/- U T