Patna High CourtC.Misc./45/2017dismissed

Akhileshwar Singh @ Akhileshwar Kumar Singh v. The State Of Bihar And ORS

2017-01-23Mr. Justice Mungeshwar Sahoo1 pages

Patna High Court C.Misc. No.45 of 2017 (2) dt.23-01-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL MISCELLANEOUS JURISDICTION No.45 of 2017 ====================================================== Akhileshwar Singh @ Akhileshwar Kumar Singh .... .... Petitioner/s

Versus

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

For the Appellant/s : Mr. Manish Chandra Gandhi For the Respondent/s : Mr. Subhash Chandra Yadav- Gp15 ====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 23-01-2017 Heard the learned counsel for the petitioner and the learned counsel for the respondents.

It appears that this civil miscellaneous application has been filed against the order dated 27.04.2016 passed by Sub Judge V, Civil Court, Begusarai in Title Suit No.254 of 2003 whereby the Court below rejected the injunction application which is appealable under Order 43 Rule 1(r) C.P.C.

In view of the above facts and the fact that the petitioner has got remedy under the Code of Civil Procedure, this civil miscellaneous application is not maintainable and accordingly, it is dismissed. However, if the petitioner, if so advised, may file appeal before the appropriate forum. (Mungeshwar Sahoo, J) Saurabh/- U T