Om Prakash Tiwary And ORS v. Maharani Durgeshwari Shahi And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1094 of 2014 ====================================================== Om Prakash Tiwary & Ors .... .... Petitioner/s

Versus

Maharani Durgeshwari Shahi & Ors .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Radha Mohan Pathak For the Respondent/s : Mr. Rajesh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 09-12-2015 Heard learned counsel for the petitioners on I.A.No. 7179 of 2015.

The application has been filed for substitution of the legal representative of respondent no.46.

In view of submission of the learned counsel for the petitioners, the name of respondent no.46 is expunged and in his place the legal representative mentioned in the interlocutory application is substituted.

Heard Mr.Vishwajit Kumar Mishra,learned counsel for the petitioners and learned A.C. to G.P. 16.

By the impugned order dated 25.09.2013 passed by the Munsif, Gopalganj in Execution Case No. 12 of 1976, the court below has only directed that the unregistered assignment dated 6.12.1968 be impounded.

Admittedly, the document has not been filed by the

Patna High Court CWJC No.1094 of 2014 (2) dt.09-12-2015 2/2 petitioners but it has been filed by the respondents. Since by the order, documents has only been directed to be impounded, there is no question of any failure of justice or prejudice to the petitioners arises.

Accordingly, I am not inclined to interfere with the impugned order in exercise of supervising jurisdiction under Article 227 of the Constitution of India and this writ application is dismissed.

(Mungeshwar Sahoo, J) singh/- U