Nilam Devi v. Sudarshan Devi And ORS

Patna High Court C.Misc. No.267 of 2017 (2) dt.16-02-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL MISCELLANEOUS JURISDICTION No.267 of 2017 ====================================================== Nilam Devi .... .... Petitioner/s

Versus

Sudarshan Devi & Ors .... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Ashok Kumar No.6 For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 16-02-2017 Heard the learned counsel for the petitioner. Perused the impugned order dated 09.01.2017 passed by Sub Judge III, Aurangabad in Partition Suit No.48 of 2004/481 of 2013.

From perusal of the impugned order, it appears that court below considered the case of both the parties and found that the document which is marked as exhibit is the document during the pendency of the partition suit filed by the plaintiff-petitioner and, therefore, it is not necessary to decide the genuineness or otherwise of the document. It is only an evidence in the suit for partition.

In such view of the matter, I do not find any illegality or impropriety or any jurisdictional error in the impugned order. Therefore, no case for supervisory jurisdiction is made out. Accordingly, this civil miscellaneous application is dismissed. Saurabh/- (Mungeshwar Sahoo, J) U T