Shiv Shankar Singh And ANR v. Devendra Prasad Sahu And ORS

Patna High Court CWJC No.18305 of 2015 (2) dt.24-06-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18305 of 2015 ====================================================== Shiv Shankar Singh & Anr .... .... Petitioner/s

Versus

Devendra Prasad Sahu & Ors .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Dronacharya For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 24-06-2016 Heard learned counsel, Mr. Dronacharya, appearing for the petitioners.

2.

Since the miscellaneous applications have been allowed and title appeal has only restored by the impugned order dated 04.07.2015 passed by the Additional District Judge-IV, Begusarai in Miscellaneous Case No. 01 of 2003, I am not inclined to interfere with the impugned order in exercise of supervisory jurisdiction.

3.

So far the submission of the learned counsel for the petitioners that the applications filed by the petitioner under Order 1 Rule 10 C.P.C. for being added as party in miscellaneous case was not disposed is concerned, it may be mentioned here that since the miscellaneous applications have been allowed and title appeal has been restored, the petitioner may approach before the

Patna High Court CWJC No.18305 of 2015 (2) dt.24-06-2016 appellate court for necessary relief but on that ground the order restoring the title appeal cannot be interfered with. Thus, this writ application is dismissed.

(Mungeshwar Sahoo, J) brajesh/- U