Rameshwar Ram v. Rama Shankar Prasad Singh And ORS.

Patna High Court CWJC No.7380 of 2015 (2) dt.06-04-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7380 of 2015 ====================================================== Rameshwar Ram .... .... Petitioner/s

Versus

Rama Shankar Prasad Singh & Ors.

.... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjeev Kumar For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 06-04-2016 Heard learned counsel, Mr.

Sanjeev Kumar, appearing for the petitioner.

This application, under Article of the Constitution of India, has been filed for issuance of a direction to the Sub-Judge-III, Patna to dispose of T.S. No. 402 of 2008 and T.S. No. 406 of 2008 expeditiously on the basis of day to day hearing.

The Hon'ble Supreme Court in the case of Radheyshyam versus Chavi Nath reported in 2015 (5) SCC 423 has held that the High Court exercises judicial supervisory jurisdiction against the order of the civil court against which neither there is appellate forum nor revisional forum in the statute i.e. Code of Civil Procedure. Therefore, for the relief claimed in this application under Article 227 of the Constitution of India, no judicial supervisory jurisdiction can be exercised. In fact, this

Patna High Court CWJC No.7380 of 2015 (2) dt.06-04-2016 application is not maintainable. Thus, this writ application is dismissed.

(Mungeshwar Sahoo, J) brajesh/- U