Ramsakhi Devi And ORS v. Awadesh Singh And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL MISCELLANEOUS JURISDICTION No.283 of 2017 ====================================================== Ramsakhi Devi & Ors .... .... Petitioners

Versus

Awadesh Singh & Ors .... .... Respondents ====================================================== Appearance :

For the Petitioners : Mr. Satya Ranjan Sinha For the Respondents : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 16-02-2017 Heard learned counsel Mr. Kamla Prasad Rai for the petitioners.

Perused the impugned order dated 24.10.2016 passed by Senior Civil Judge-III, Patna in Title Suit No.56 of 1970 and also the order dated 26.05.2014 passed in the said suit whereby the court below appointed Commissioner for assessment of mesne profit and the review application was rejected. From perusal of the order dated 26.05.2014, it appears that the Commissioner has been appointed only to assess the mesne profit claimed by the plaintiff in the suit. The review application was filed on the ground that it is ex-parte order. By the order dated 24.10.2016 the court below rejected the review application giving reasons. Therefore, I find no reason to interfere

Patna High Court C.Misc. No.283 of 2017 (2) dt.16-02-2017 with the impugned order in exercise of supervisory jurisdiction. Accordingly, this civil miscellaneous application is dismissed.

(Mungeshwar Sahoo, J) Harish/- U