Mrs. Kiran Prakash Singh And ANR v. Smt. Manna Rani Singh And ORS

Patna High Court CWJC No.14856 of 2015 (2) dt.29-03-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14856 of 2015 ====================================================== Mrs. Kiran Prakash Singh & Anr .... .... Petitioner/s

Versus

Smt. Manna Rani Singh & Ors .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Kamlesh Kumar Sharma For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 29-03-2016 Heard learned counsel Mr. Kundan Bahadur Singh for the petitioners.

From perusal of the order dated 21.05.2015 passed by the learned Subordinate Judge-IV, Patna in Title Suit No.408 of 1999 it appears that the court below after recording finding that the properties i.e. the subject matter of both the suits are different, the reliefs claimed in the suit are different and the parties are also different, therefore, the court below held that all the suits cannot be tagged together and one set of evidence cannot be recorded. Since the court below refused to exercise the inherent jurisdiction under Section 151 of the Code of Civil Procedure on valid reason, this Court finds that the order passed by the court below does not suffer from any jurisdictional error and, therefore, no case for supervisory jurisdiction is made out.

Thus, this writ application is dismissed.

(Mungeshwar Sahoo, J) Harish/- U