Geeta Devi v. Lal Barat Singh And ORS

Patna High Court CWJC No.14561 of 2015 (2) dt.18-05-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14561 of 2015 ====================================================== Geeta Devi .... .... Petitioner/s

Versus

Lal Barat Singh & Ors .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Jai Prakash Singh For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 18-05-2016 Heard the learned counsel, Mr. Jai Prakash Singh for the petitioner.

By the impugned order dated 13.07.2015, the learned Sub Judge V, Kaimur(Bhabhua) in Title Suit No.2399 of 2014/14 of 2008 rejected the application filed by the petitioner under Order 39 Rule 1 and 2 read with Order 40 Rule 1 of the C.P.C., prayed for grant of injunction and also for appointment of receiver. Since the relief for injunction, which has been refused, is appealable under Order 43 Rule 1(r) of the C.P.C. and the relief for appointment of receiver, which has been rejected, is appealable under Order 43 Rule 1(s) of the C.P.C., the application under Article 227 of the Constitution is not maintainable. Accordingly, this writ application is dismissed. (Mungeshwar Sahoo, J) Saurabh/- U T