Satya Narayan Yadav And ORS v. Bindeshwari Yadav

Patna High Court CWJC No.10546 of 2014 (2) dt.23-02-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10546 of 2014 ======================================================

1. Satya Narayan Yadav Son of Late Akal yadav

2. Jai Krishna Yadav Son of Late Shiv Narayan Yadav

3. Shyam Sundar yadav Son of Late Shiv Narayan Yadav All are resident of village Bahora Tola, Sarosati, P.S- Banmankhi, Distt- Purnea. .... .... Petitioner/s

Versus

1. Bindeshwari Yadav Son of Late Mauni Yadav All are resident of village Bahora Tola, Sarosati, P.S- Banmankhi, Distt- Purnea. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ajit Kumar Singh For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 23-02-2016 Heard learned counsel for the petitioners.

By the impugned order dated 15.01.2014, the learned District Judge, Purnea has dismissed the T.A. No. 33 of 2013 on the ground of limitation in view of the division Bench's decision of the this Court in reported in 1956 PLJR (1) 494 and the Supreme Court decision AIR 2005 SC 226. The order impugned in this application is a decree and, therefore, if so advised, the petitioner may approach the appropriate forum. However, the impugned order cannot be interfered with in supervisory jurisdiction under Article 227 of the Constitution as the petitioner has the remedy under the Code of Civil Procedure. Thus, this writ application is dismissed.

(Mungeshwar Sahoo, J) brajesh/- U