Ram Babu Alias Ram Babu Yadav v. Abdul Rahman And ORS

Patna High Court C.Misc. No.160 of 2017 (2) dt.30-01-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL MISCELLANEOUS JURISDICTION No.160 of 2017 ====================================================== Ram Babu Alias Ram Babu Yadav .... .... Petitioner/s

Versus

Abdul Rahman & Ors .... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Binod Kumar Singh For the Respondent/s : Mr. Rashid Izhar ====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 30-01-2017 Heard the learned counsel, Mr. Binod Kumar Singh for the petitioner.

Perused the impugned order dated 28.11.2016 passed by Sub Judge III, Patna City in Title Suit No.568 of 1989 whereby the learned Court below has permitted the plaintiff-respondent to abandon the claim over Plot No.1299, 1300, 1301, 1303 and 1304 under Order 23 Rule 1 C.P.C.

Admittedly, the petitioner is not claiming any interest for these plots. He is claiming interest over the Suit Plot No.1302 and the suit will continue with respect to this property. Thus, I find no reason to interfere with the impugned order in exercise of supervisory jurisdiction. Accordingly, this civil miscellaneous application is dismissed. The court below shall try to dispose of the suit expeditiously which is of the year 1989.

Saurabh/- (Mungeshwar Sahoo, J) U T