Hulas Rai And ANR v. Sri Thakur Madan Mohan Lal Ji ORS

Patna High Court C.Misc. No.207 of 2016 (2) dt.10-08-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL MISCELLANEOUS JURISDICTION No.207 of 2016 ====================================================== Hulas Rai & Anr .... .... Appellant/s

Versus

Sri Thakur Madan Mohan Lal Ji Ors .... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Manoj Kumar For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 10-08-2016 Heard learned counsel, Mr. J.S. Arora, appearing for the petitioners.

2.

Perused the order dated 16.02.2016 passed by the Sub- Judge-III, Patna City in T.S. No. 99 of 2004. 3.

It appears that the deity plaintiff-respondent No.1 was represented earlier through Sibayat, Sri Moti Lal Joshi. Moti Lal Joshi had died and, therefore, his two sons have filed application for substitution in place of their father claiming themselves to be Sibayat of the deity family. The petitioners are the purchaser from defendant No.4. The court below, by the impugned order, has allowed the application and added/substituted two sons of Moti Lal Joshi.

4.

So far abatement of the suit for above substitution of the defendant No.4 is concerned, it may be mentioned here that the petitioners are the purchaser from defendant No. 4.

Patna High Court C.Misc. No.207 of 2016 (2) dt.10-08-2016 5.

In view of the above fact, when the court below has only allowed the substitution application filed by the two sons, no rights have been decided, as such, it calls no interference in exercise of supervisory jurisdiction. Thus, this civil miscellaneous application is dismissed.

(Mungeshwar Sahoo, J) brajesh/- U