Most. Laxmi Devi And ANR v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.737 of 2015 ====================================================== Most. Laxmi Devi & Anr .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Diwakar Prasad Karn For the Respondent/s : Mr. Aag13- Ashok Kumar Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 18-02-2016 Heard learned counsel for the petitioner as well as learned counsel for the State.

The petitioner filed title suit for declaration of title and for correction of the entry in the municipal record of right. The plaintiff No.1 died. The petitioners filed application for being added as party on the ground that they are the real owner of the property. After perusal of the material produced by the petitioner, the Court below recorded a clear finding that the properties recorded in the name of Ganauri Paswan is different land than this suit land. Therefore, these petitioners have no interest in the suit land on the basis of this khatiyan and sale deed, as such they are not necessary party.

So far this finding recorded by the Court below on the basis of materials available on record are finding of fact, in supervisory

Patna High Court CWJC No.737 of 2015 (2) dt.18-02-2016 2/2 jurisdiction under Article 227, this Court cannot re-appreciate the evidence and give its own finding of fact. Therefore, this writ application is dismissed.

(Mungeshwar Sahoo, J) Sanjeev/- U T