Bhawanand Mishra And ORS v. The State Of Bihar

Patna High Court C.Misc. No.1250 of 2016 (2) dt.28-11-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL MISCELLANEOUS JURISDICTION No.1250 of 2016 ====================================================== Bhawanand Mishra & Ors .... .... Appellant/s

Versus

The State of Bihar .... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Bidhanesh Misra For the Respondent/s : Mr. Rishi Raj Sinha- Sc19 ====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 28-11-2016 Heard the learned counsel, Mr. Bidhanesh Misra for the petitioners and the learned counsel, Mrs. Archana Prasad, A.C. to S.C. 19.

Perused the impugned order dated 13.07.2016 passed by Sub Judge III, Araria in Title Suit No.110 of 1993. It appears that for the same relief, application was filed earlier which was rejected by the Court below. Against the order, Civil Revision was filed but it was withdrawn from the High Court. Again the petitioner filed another application for the same relief. The trial court rejected the same. Against which CWJC No.17424 of 2012 was filed. The High Court again on 23.10.2013 rejected this writ application. Again, this third application has been filed for the same prayer only on the ground that liberty was granted to the petitioner by the High Court while disposing of the writ application.

Patna High Court C.Misc. No.1250 of 2016 (2) dt.28-11-2016 In view of the above facts, it appears that since 2009, the same prayer is being made by the petitioner which is being rejected by the trial court as well as by the High Court several times.

Thus, I find no reason to interfere with the impugned order. Accordingly, this Civil Miscellaneous application is dismissed.

(Mungeshwar Sahoo, J) Saurabh/- U T