Tarni Paswan And ORS v. Dinesh Paswan And ORS

Patna High Court C.Misc. No.1121 of 2016 (2) dt.19-11-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL MISCELLANEOUS JURISDICTION No.1121 of 2016 ====================================================== Tarni Paswan & Ors .... .... Appellant/s

Versus

Dinesh Paswan & Ors .... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Rajesh Kumar Sinha For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 19-11-2016 Heard the learned counsel, Mr. Rajesh Kumar Sinha, for the petitioner.

Perused the impugned order dated 10.06.2016 passed by the learned Munsif, Madhepura in Execution Case No.3 of 2006 whereby the learned Court below has only directed to issue delivery of possession on the basis of the report of the pleader commissioner.

Admittedly, the suit for declaration of title and recovery of possession has been decreed by the trial Court. The appellate Court dismissed the appeal filed by the petitioner. Therefore, the petitioner is at liberty to file Second Appeal against the appellate Court Judgment, if not filed and pray for stay in that title appeal but for that purpose in this Civil Misc. application, no stay can be granted and accordingly, I find no reason to interfere with the impugned order in exercise of supervisory jurisdiction. Thus, this Civil Misc. application is dismissed. Sanjeev/- (Mungeshwar Sahoo, J) U